Car Accidents Category Archives - Page 13 of 16 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Court Address Pain and Suffering Damages Issue in Florida Car Accident Case

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

In some accident cases, damages are relatively easy to calculate. In other cases, however, determinations of damages can be quite complicated. If you’ve been injured in a car wreck, it is important to seek the help of a qualified Miami attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, our team understands the nuances of personal injury law and will work hard to seek the compensation you deserve for your harm.

In Ortega v. Belony, the plaintiff broke his neck in a car accident. After the incident, the man was in the hospital for just over a week. For three months after that, he wore a medical halo device. The man’s treating physician recommended that he have neck surgery, but the man declined.

While recovering, the man lived with his brother, who helped him with his daily needs. The man reported having trouble sleeping, and on one night, he went back to the hospital to have the screws in his halo tightened. After the three months had passed, however, the man’s injuries had significantly healed, and he only had mild neck pain and some back pain from that point onwards. The physicians did not recommend any further treatment.

Florida Motor Vehicle Fatalities Spike in First Half of 2015

Published on: December 24, 2015 | by Law Offices of Robert Dixon

Motor vehicle accidents kill and injure people across Florida every day. The sad part is that these accidents can often be avoided if drivers are vigilant behind the wheel. Operating a motor vehicle is a privilege, not a right. As a result, every driver on the road has a legal obligation to drive carefully. If you or someone you love has been hurt in a motor vehicle accident, it is important to speak to a qualified Miami injury attorney who can assess the facts of your case. We understand that dealing with an accident is very difficult, and we are here to help.

The National Safety Council (NSC) reports that there has been a significant increase in traffic deaths in Florida this year from January to June 2015. Preliminary figures show 1,441 motor vehicle deaths in that time frame, which is a 29 percent increase from the first six months of 2014. The NSC says this could be partly attributed to lower gas prices and an increased number of motorists on the road. Florida is one of three states that have reported more than 1,000 traffic fatalities during the first six months of 2015. The other two states are Texas and California.

Car Seat Lawyers in Florida

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

Car seats are intended to protect children from harm in the event of a car accident. When car seats are improperly installed or defectively made, however, they may actually cause harm to the child. If your child has been harmed due to a defective car seat or because of someone’s negligence, it is important to speak to a Miami injury attorney who can assess the merits of your case. We will work hard to get you the compensation you deserve.

Florida law mandates that children up to five years old be strapped into a child car seat or booster seat when they are in a moving vehicle. The Centers for Disease Control and Prevention (CDC) reports that when children between the ages of four and eight use a car seat, their risk of severe injury decreases by 45 percent. According to the National Highway Traffic Safety Administration (NHTSA), 75 percent of car seats in use are incorrectly fitted. This puts children at risk. Even collisions at low speeds could lead to a child fatality if the child was in an incorrectly installed car seat.

Automobile Accidents Around the Holidays

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

The holidays are a festive time to gather with family, raise your glasses to a toast, and have a good time. Unfortunately, many people get behind the wheel after they have too much to drink. In fact, statistics show that accidents rates are often higher around the holidays. If you or a loved one has been injured by a drunk driver, it is important to seek the help of a Miami injury attorney who can help you obtain the justice and compensation you deserve for your harm.

Driving under the influence of alcohol is illegal. This does not mean you cannot have a drink, but it means that you cannot be over the legal limit when you drive. Under Florida law, an individual with a blood alcohol concentration (BAC) of .08 or above is not permitted to drive. Even driving when you feel slightly “buzzed” can create distracted and dangerous driving conditions.

Florida compiles information regarding injuries and deaths during six major holiday periods: New Year’s, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.

Uninsured Motorist Benefits in Car Accident Cases

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

In Tibbets v. State Farm Mutual Automobile Ins. Co., a Florida plaintiff pursued uninsured motorist (UM) benefits from her parents’ automobile insurer after an automobile accident that took place in September 2014. At the time of the wreck, the plaintiff lived with her parents and was riding as a passenger in one of the cars insured by the policy. The insurance policy provided $100,000 in bodily injury and $100,000 in UM benefits. The plaintiff was named as a “resident relative” under the insurance policy. The driver of the car did not have permission to drive the car. In fact, the driver did not have any motor vehicle insurance at the time.

After the collision, the defendant denied liability coverage to Walker for the accident, since he did not have permission to drive the car. The plaintiff then pursued UM benefits under the defendant’s insurance policy.

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.

Information of Subsequent Accident Admissible in Florida Car Wreck Case

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

In Maniglia v. Carpenter, two men were involved in a car wreck on a Florida highway. The accident allegedly took place when the left front part of one car hit the right rear part of another car while changing lanes. The parties disagreed about the severity of the accident. The defendant and his passenger asserted that the accident was minor, whereas the plaintiff claimed that the accident was severe.

On the day after the crash, the plaintiff went to a chiropractor for neck and back injuries. An x-ray revealed that there were no injuries except for normal “wear and tear,” with no indication of an acute injury. As a result, the chiropractor did not place any work restrictions on him.

Approximately one month later, the plaintiff crashed into a car while driving a golf cart. He was thrown from the cart and was then involved in a physical altercation with the police. Reports indicated that he was intoxicated when this incident took place.

Weather-Related Motor Vehicle Accidents in Florida

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

While it is known as the Sunshine State, Florida has its fair share of poor weather conditions. Many drivers may assume that extreme weather causes the most accidents. However, studies show that most accidents take place in the rain. If you were involved in a weather-related accident, our Miami injury attorneys can help. We understand this is a difficult time for you and your family, which is why you can expect the utmost compassion from the entire team

According to the United States Department of Transportation (DOT), 23 percent of vehicle crashes are weather-related. Additionally, 20 percent of crash injuries and 17 percent of crash fatalities are also weather-related. DOT defines weather-related crashes as those that occur in the presence of adverse weather or slick pavement conditions.

Heavy rain and high winds can impair a driver’s ability to see properly on the road. This is precisely why it is important to be extra cautious when driving in inclement weather. When a driver fails to drive carefully in such weather conditions, he or she may be liable for any resulting harm. If a driver causes an accident due to speeding excessively or inappropriately changes lanes when there is poor visibility, he or she will likely be deemed negligent.

Florida’s Fifth District Rules for Plaintiff in Car Accident Case

Published on: October 28, 2015 | by Law Offices of Robert Dixon

Unfortunately, rear-end accidents take place every day in Florida and throughout the United States. Florida’s Fifth District Court of Appeal recently decided a case involving a rear-end collision.

In Bodiford v. Rollins, the plaintiff was waiting to make a left turn at an intersection when he was struck by the defendant’s car from the back. The plaintiff’s left turn signal was on, and he was lawfully stopped in order to turn into a local gas station.

The plaintiff sustained serious injuries as a result of the crash.

Taxi Accidents in Florida

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

Taxis are an easy and convenient way to get around. In a state like Florida, they are essential to transporting people from one place to another. Tourists and locals alike use cabs to get to unfamiliar destinations or to get home after a night of drinking. Unfortunately, sometimes taxis are involved in accidents. If you or someone close to you has been injured in a taxi accident, it is important to speak to a South Florida injury attorney who can assess the merits of your case.

Taxis are considered common carriers. Common carriers are held to a higher standard of care than other drivers. As a result, taxi drivers have certain obligations to passengers, including providing reasonably safe vehicles that are reasonably maintained and employing vigilant drivers who obey traffic laws and drive safely, use caution when transporting passengers, and warn passengers of any potential hazards the driver is aware of.

Under Florida law, different cities have authorization to regulate the operations of taxi companies. Most major cities in Florida have local ordinances governing the licensing and regulation of taxi operations. These ordinances typically mandate that cab drivers go through a licensing process before being able to operate taxis on the road.