Car Accidents Category Archives - Page 14 of 16 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Fatal Car Accidents in Florida

Published on: September 25, 2015 | by Law Offices of Robert Dixon

Every day, people in Florida and throughout the United States are killed in car accidents. In some cases, the death is instant, while in others the victims suffer catastrophic injuries that turn fatal. At the Law Offices of Robert Dixon, we understand how devastating such a loss can be for a family. Our Miami personal injury attorneys are committed to obtaining justice for the loved ones who are left behind to pick up the pieces.

According to the U.S. Department of Transportation Fatality Analysis Reporting System (FARS), there were 30,057 fatal motor vehicle accidents in the U.S. in 2013, in which a total of 32,719 deaths occurred. In the state of Florida, there were 2,228 fatal crashes, in which 2,407 deaths took place. Alcohol played a role in some of these accidents. A number of different types of injuries ultimately caused the deaths.

Side Impact Collisions in Florida

Published on: September 16, 2015 | by Law Offices of Robert Dixon

Every year, a number of people in Florida and throughout the United States are injured and killed in side impact collisions. Side impact accidents can change lives in an instant. If you’ve been injured in a side impact collision that was not your fault, it is important to speak to a qualified Miami injury attorney who can assess the merits of your case and help you get the compensation you deserve for your harm. Often referred to as a “T-bone accident,” side impact collisions occur when one vehicle collides with the side of another. The United States Office of Health, Safety, and Security estimates that side impact crashes are responsible for over 9,000 deaths every year. In fact, one out of every four automobile accident fatalities in the United States is due to a side impact collision. The only other type of collision that results in more deaths on an annual basis is head on collisions.

Several Motorists Injured in Four-Vehicle Head-On Collision Near Mid-Bay Bridge

Published on: September 16, 2015 | by Law Offices of Robert Dixon

Earlier this month in Okaloosa County, near the Mid-Bay Bridge, a four-vehicle accident seriously injured one teen and left several others with minor injuries. According to one local news source, the accident took place on northbound State Road 293, as the driver of a 1997 Lexus was approaching a curve in the roadway.

Evidently, as the driver of the Lexus approached the curve, she lost control and entered the lanes of oncoming traffic. As she did so, she collided with two vehicles heading south. The force of the collision with the Lexus sent one of the two vehicles it hit into a fourth vehicle. The driver of the Lexus suffered serious injuries and was immediately taken to Fort Walton Beach Medical Center.

The occupants of one of the other cars were critically injured and taken to Sacred Heart Hospital in Pensacola. The occupants of the other two vehicles suffered only minor injuries and were not taken to the hospital.

Tailgating Accidents in Florida

Published on: July 8, 2015 | by Law Offices of Robert Dixon

Tailgating is a major problem in Florida and throughout the United States. Every year, a number of people are injured in accidents caused by tailgating drivers. If you have been injured in this type of accident, it is important to seek the help of a skilled Miami injury attorney who can get you the justice and compensation you deserve for your harm. While we aim to settle every case, we are not afraid to vigorously advocate for you in the courtroom if necessary.

Tailgating occurs when one driver follows the vehicle in front of it too closely, almost riding its tail. The National Highway Traffic Safety Administration (NHTSA) classifies tailgating as a form of aggressive driving. Tailgating is a dangerous practice, and failing to keep a safe distance between vehicles can lead to horrific accidents. Some of the top causes of tailgating include road rage, aggressive driving, careless driving, distracted driving, negligent driving, and speeding to a particular destination.

An accident that was caused by a driver following too closely is a preventable one had the driver been more careful. As such, the driver may be considered negligent for failing to exercise reasonable care while driving. Reasonable care is defined as how a prudent or sensible person would act in the same or similar circumstances. As such, what is ‘reasonable’ will vary according to the specific situation. In the context of driving, a prudent person would not follow another vehicle too closely, realizing that maintaining a safe driving distance from vehicles in front of you is a critical part of driver safety.

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.

Hit and Run Standard in Florida

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

A recent Florida decision just made it more difficult to prove guilt in a hit and run case. Florida has a serious problem with hit and run accidents, which are those in which one of the drivers illegally leaves the scene of the crash without helping or getting help by reporting it to the proper authorities. Under Florida law, a hit and run is a felony regardless of who was at fault in the accident. There are a variety of reasons a driver may flee the scene of an accident: an expired driver’s license, lack of insurance, being under the influence, and even fear or being wanted by authorities.

Statewide authorities report that the number of hit and run accidents has significantly increased from 2013 to 2014. Over the last few years, a number of laws have been created to combat this issue. One example is a law that increased the criminal punishment for an individual convicted of hit and run. Specifically, the law would impose a minimum mandatory prison term of four years for any person who fled the scene of a fatal accident. This is the same punishment that one would get for DUI manslaughter.

In Florida v. Dorsett, the Florida Supreme Court recently ruled that in order to obtain a criminal conviction for a hit and run case, the prosecutor must show that the defendant had “actual knowledge” of being involved in a wreck.

Texting and Driving Laws in Florida

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

Texting and driving is a huge problem in Florida and throughout the United States. Drivers who are distracted on their phones while driving often end up causing serious accidents. In an effort to combat this problem, Florida passed a law in 2013 that bans texting and driving. Florida was one of the last states to pass this law.

The National Highway Traffic Safety Administration (NHTSA) reports that 3,154 people were killed and an estimated 424,000 were injured in motor vehicle crashes involving distracted drivers in 2013. In April, the NHTSA launched a “U Drive. U Text. U Pay.” campaign that focused on the financial consequences and expenses of texting and driving. The United States Department of Transportation also coined a slogan to raise awareness about texting and driving: “if you’re texting, you’re not driving.”

Under Florida law, if a driver in the state is suspected of committing a traffic violation while texting, that driver can be fined up to $60. However, a person will only be fined for texting and driving as a secondary offense when coupled with the suspicion of another traffic violation. It is important to note that the statute’s express language says that a driver will not be penalized if the vehicle is parked or temporarily stopped. Another exception is if an individual is communicating with law enforcement about suspicious or dangerous activity.

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.

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 ›

Injuries must be Compensable in Florida Negligence Cases

Published on: January 23, 2015 | by Law Offices of Robert Dixon

It may seem rather obvious that when you are involved in an accident, there must be quantifiable injuries for you to be able to receive compensation. This simply means you must have sustained harm that can be remedied through compensation. The nature of the harm determines the amount of compensation one receives. If you or someone you know has been injured due to someone else’s negligence, it is important to seek the help of a qualified Miami personal injury attorney who can assess the merits of your case and get you the compensation you deserve for your injuries.

When an individual is injured because of someone else’s carelessness or recklessness, the injured party can take legal action by filing a negligence claim against the at-fault party. Negligence is the failure to take proper care when doing something. Reasonable care refers to the duty of behaving as a prudent or sensible individual would behave in the same or similar circumstances. Thus, what is considered ‘reasonable’ will vary depending on the specific situation. Continue Reading ›