Car Accidents Category Archives - Page 12 of 16 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Car Crash Settlements Involving Minors in Florida

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

Unfortunately, automobile accidents injure a number of children in Florida and throughout the United States each year. In Allen v. Montalvan, a grandmother was killed in a tragic car crash, and her adult daughter, minor son, and three minor grandchildren were hurt to varying degrees when a drunk driver slammed into their vehicle.

The mother hired personal injury lawyers and gave them the authority to prosecute any suit and settle, dismiss, or discontinue the lawsuit. The lawyer sent a letter to the plaintiff’s insurance carrier, asking for the insurance policy coverage information. The insurance policy had limits of $25,000 per person and $50,000 per incident.

The insurance company then mailed a letter to the attorney, globally tendering the policy limits. Two checks were enclosed, as well as a proposed release for each claimant. The release for the decedent was for $25,000. However, due to the uncertainty regarding the allocation of money for the surviving occupants, the insurance company left the amounts blank in the remaining releases. Two years later, the attorney returned the signed releases, accompanied by a letter that said that all the claims with regard to the settlement were released. The consideration on the mother’s release was filled in as $25,000, and the consideration for each of the kids was marked as $0.

Insurance Company Liable for Florida Insured’s Attorney’s Fees

Published on: July 18, 2016 | by Law Offices of Robert Dixon

If you have been injured in an automobile accident in Florida, you will probably need to deal with your insurance company at some point. This can be a confusing and sometimes daunting process, which is why it is imperative to have a skilled Miami injury attorney on your side. At the Law Offices of Robert Dixon, we can meticulously analyze the facts of your case, determine a legal strategy suited to your situation, and inform you of all your legal rights and options. With years of experience, we know how to handle personal injury claims, including advising our clients on all matters related to insurance companies.

In Government Employees Insurance Company v. Macedo, the plaintiff made a $50,000 settlement proposal in accordance with Florida Statute §768.79. The Government Employees Insurance Company (GEICO) rejected the proposal on behalf of its insured client. The jury ruled in favor of the plaintiff, awarding more than four times the amount requested in the original proposal. GEICO appealed the final judgment, which required it to pay the plaintiff’s attorney’s fees and costs.

In Florida, many lawyers use the “Proposal for Settlement” (PFS), a document submitted by one party to the opposing party that outlines the amount of money the serving party wants in order to finalize a settlement. Rule 1.442 lists a number of requirements that must be met for the PFS. Florida Statute §768.79 should be read in conjunction with Rule 1.442. Under §768.79, if a judgment obtained by a plaintiff is at least 25 percent more than the amount of the PFS served to the defendant, the plaintiff may move the court for attorney’s fees and costs. In the case at hand, the court had to decide whether GEICO could be liable for the attorney’s fees and costs, since it was not the defendant or a party to the lawsuit. Instead, GEICO was only involved because it was defending its insured.

Car Accidents in Miami-Dade County and Throughout Florida

Published on: July 18, 2016 | by Law Offices of Robert Dixon

Unfortunately, negligence causes many accidents in Florida and throughout the United States each year. In the context of driving, negligence refers to the failure of a person to use reasonable care behind the wheel that causes harm to someone else or their property. All drivers on the road owe others a duty to follow traffic laws and drive sensibly in order not to injure others on the road. Negligence laws are designed to hold careless parties accountable for the harm that they cause.

According to The Florida Integrated Report Exchange System (FIRES), there have been 26,939 crashes in Miami-Dade County so far in the first six months of 2016. Of this total, 14,286 of these resulted in injuries, 132 resulted in fatalities, and 17,577 resulted in property damage. In June alone, there have been 524 crash reports. In 2015, there were 30,380 accidents in the first six months of the year, so 2016 has seen a decrease in the number of accidents.

According to the Centers for Disease Control and Prevention (CDC), in the United States, over 30,000 people are killed in crashes each year. In fact, motor vehicle crashes are a top-10 cause of death among people from 1-54 years of age. The CDC reports that when it comes to Florida accidents, motor vehicle occupants cost $527 million in 2013. That same year, motorcyclists cost $616 million and pedestrians $577 million.

Establishing Damages in Front of a Florida Jury

Published on: July 18, 2016 | by Law Offices of Robert Dixon

If you or your loved one has been hurt by someone else’s negligence, we can help. When you are injured in an automobile accident in Florida, there may be a wide range of evidence that may be put before the jury. At the Law Offices of Robert Dixon, our Miami injury attorneys understand the nuances of personal injury trials and can put this knowledge to use in your case.

Negligence is a core concept in personal injury law. It forms the basis for most personal injury claims. Negligence requires showing that the defendant failed to use reasonable care and thereby caused the resulting harm or damage. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. In order to prevail on a negligence claim, the plaintiff must be able to establish the following four elements:

The defendant owed the plaintiff a duty of care;
The defendant breached the duty of care to the plaintiff;
The defendant’s breach was the direct cause of the accident and the resulting injuries; and
The injuries or property damage can be reasonably quantified.

Subrogation in Florida Personal Injury Cases

Published on: June 22, 2016 | by Law Offices of Robert Dixon

Subrogation can be a vital part of handling a personal injury claim, and every lawyer should explain this legal principle to his or her clients. At the Law Offices of Robert Dixon, our skilled attorneys have the skill and experience to handle every aspect of your personal injury claim. You can trust that we will zealously advocate for your rights at every step of the way.

Subrogation is an equitable doctrine. Subrogation literally means one person or party stands in the place of another. In the context of motor vehicle accident claims, subrogation is the principle that says that when an insurance company pays an insured’s claim of loss due to another’s negligence, the insurer succeeds to the insured’s right to sue for damages against the negligent party. Put another way, a subrogation claim allows a third party to stand in the shoes of the injured person. These third parties are referred to “collateral sources.” Collateral sources are usually private entities or insurers that make a payment to a party who has a personal injury claim.

When you are hurt due to someone else’s negligence, you will likely be able to seek compensation for your harm. Negligence refers to a failure to use the level of care that a reasonably prudent person would use under the same or similar circumstances, resulting in injuries.

Florida Supreme Court Rules on Bad Faith Claim Against Insurance Company

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

It is not uncommon for insurance companies to offer low payments or deny legitimate claims to customers. In Fridman v. Safeco Ins. Co. of Ill., Florida’s highest court recently decided that an auto insurance company could not file a last minute reversal of a denial to avoid a bad faith insurance claim. The issue in the case was whether the insured individual was eligible for a liability determination and the full extent of damages in an uninsured/underinsured motorist (UM) claim prior to being forced to file a bad faith claim.

Here, the insurance company denied the plaintiff’s claims for four years. The plaintiff then filed a Civil Remedy Notice (CRN), alleging violations of Fla. Stat. 624.155(1)(b)(1) for “failure to pay UM policy limits of $50,000 in a clear liability crash with over $12,000.00 of property damage to insured’s vehicle” and in excess of $24,000 of medical expenses and significant injuries that needed future medical attention.

When the insurance company failed to respond in a timely manner, the plaintiff went ahead and filed the lawsuit. The insurance company failed to answer. The plaintiff then offered to settle for the amount of the policy limits of $50,000 – but there was still no answer. Shortly before trial, the insurance company tendered a check for $50,000 and filed “a confession of judgment.”

Florida Law Enforcement’s Duty of Care in Escaped Horse Case

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

In Manfre v. Shinkle, Kathleen Shinkle was injured when her automobile crashed after striking a dead horse lying on the roadway. The collision with the horse caused her vehicle to flip over and land on its roof. Shinkle sustained serious injuries.

An estimated hour and a half before Shinkle’s accident, the Flagler County Sheriff’s Office had been called to report that two horses were roaming the side of the road. When the deputy arrived on the scene, the horses were scared by the lights on the deputy’s car and returned to the pasture. The deputy did not try to get in touch with the property owner.

Some time later, one of the horses came back onto the road from the pasture. At this time, the horse was hit and killed by a motorist. This is the background story regarding how the dead horse came to be on the street.

Selfies and Distracted Driving Accidents in Florida

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

A selfie is a photograph that an individual takes of him or herself using a cell phone camera. The person can hold the cell phone at a distance by hand or use a selfie stick. With the rise of social media, selfies have been increasingly popular over the years. While these photographs are a great way to share memories with friends and families, no one should be taking selfies behind the wheel. Unfortunately, snapping a selfie while driving is more common than you may think and has contributed to car accidents resulting in serious harm. If you or a loved one has been injured by a distracted driver, it is important to seek the help of a qualified Miami attorney who can assess the merits of your case.

Distracted driving causes many accidents in Florida and throughout the United States each year. According to Florida’s Department of Highway Safety and Motor Vehicles, distracted driving within the state has increased by 25 percent. The National Highway Traffic Safety Administration reported that 10 percent of all fatal crashes, 18 percent of injury crashes, and 16 percent of all reported motor vehicle accidents were a result of distracted driving in 2013.

Driving requires your full attention. Even a quick snapshot can be enough of a distraction to cause a crash. If a distracted driver has injured you, you can take legal action by filing a negligence claim against the at-fault party. Negligence is the failure to exercise reasonable care while driving. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. For example, a driver who causes a crash because he or she was taking a selfie would likely be liable for any resulting harm. This is because a prudent driver would understand that focusing on a selfie as opposed to the road could lead to an accident and injuries to others.

Florida Court Clarifies ‘Amount in Controversy’ Requirement

Published on: February 16, 2016 | by Law Offices of Robert Dixon

Determining liability can be difficult in any car accident, but it can become even more complex when one party is from a different country. This is exactly what happened in the case of Bess v. Day, in which a Florida resident was injured in an automobile accident allegedly caused by a Canadian citizen.

After the incident, the plaintiff filed a lawsuit in state court against the Canadian driver and his wife. The defendants promptly removed the suit to federal court on the basis of diversity of citizenship. In order to remove to federal court on this basis, the parties have to be residents of different states, and the amount in controversy must exceed $75,000. Here, there was no dispute regarding the fact that the parties were from different places.

The plaintiffs filed a motion to remand the lawsuit back to state court, claiming that the defendants did not meet their burden of showing that the amount in controversy exceeded $75,000. When it comes to the amount in controversy, the law requires that the amount be more than $75,000, exclusive of interest and costs. The defendants focused on a pre-suit settlement offer letter that outlined the plaintiff’s injuries and requested $125,000 for their harm. This amount also happened to be the defendant’s policy limit.

Wrong Way Accidents on Florida Roads

Published on: February 16, 2016 | by Law Offices of Robert Dixon

Drivers who purposely or unknowingly drive the wrong way on a street pose a serious risk to others on the road. Due to the fact that vehicles are heading directly towards each other at a high speed, there is little or no time for drivers to react and avoid the collision. If you’ve been injured in this type of accident, it is important to seek the help of a qualified Miami attorney who can analyze the facts of your case.

Just last month, five people were killed in a wrong way crash on I-95 in northern Miami-Dade County. In that case, a woman in a pickup truck was driving south in the northbound lanes of I-95 when she side swiped one car and hit a sedan head-on near the Miami Gardens Drive exit. A total of five vehicles were involved in the wreck. Unfortunately, accidents like this happen more often than you may think.

The National Highway Traffic Safety Administration (NHTSA) reports that wrong way drivers are involved in 1.5% of all fatal crashes. The NHTSA also notes that on average about 350 people are killed each year nationwide in wrong way freeway crashes. Some of the most common causes of wrong way accidents include the driver making an error and wrongly entering an exit ramp onto a freeway or the driver operating their vehicle under the influence of alcohol or drugs.