South Florida Injury Lawyer Blawg

Articles Posted in Car Accidents

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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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Every year, Florida drivers face a lot of rain. Driving in the rain can be a challenging task. It is important for all Florida drivers to understand basic state driving laws in relation to driving in inclement weather. If you or someone you know has been injured or killed due to someone carelessly driving in the rain or harsh weather, the Law Offices of Robert Dixon can help.  Highly qualified Miami auto accident attorney, Robert Dixon, will personally assess the merits of your case and come up with a strategy for your specific situation. Our firm proudly represents clients throughout South Florida.

In harsh weather, drivers often fail to take the proper steps required by law. For example, under Florida law, drivers are required to turn on their headlights when it is raining. Turning on headlights increases visibility on the roads, which is a critical aspect of safe driving in the rain. Motorcycle riders are always required to have their lights on regardless of the time of day or weather conditions.

As drivers on the roads, we may use our hazard lights for a number of reasons, yet only a few of those reasons are allowed under Florida law. Motorists often turn on their hazard lights when driving in the rain; however, it is illegal to drive with your hazards on while driving in Florida. In fact, hazard lights should only be turned on when a driver is pulled over to the side of the road, or the vehicle has stalled – essentially, hazard lights are only permissible when the vehicle is stationary. In this context, hazard lights can be a valuable tool to alert other drivers of your presence as well as signal that you may need help. The only time a moving vehicle can use hazard lights in Florida is when the vehicle is being driven in a funeral procession. Continue Reading ›

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In Christensen v. Bowen, the Florida Supreme Court recently ruled that an individual whose name is on the title of a vehicle may be vicariously liable for damages even if he or she did not use or operate the vehicle. Vicarious liability, also known as respondeat superior, is the legal principle that imposes liability on an individual or a company for the negligent acts of an employee. Put another way, it is holding an individual or company liable for the actions of a third party that the individual or company had the right, ability or duty to control.  For example, a truck driver’s employer may be vicariously liable if the driver negligently causes an accident.

Here, Mr. Christensen bought Mrs. Christensen a car while on the verge of divorce. The vehicle was titled in both of their names. As part of the divorce, Mrs. Christensen kept the car, but Mr. Christensen’s name remained on the title. A few years later, Mrs. Christensen negligently caused a serious car accident that killed the driver of the other car. The victim’s family brought a wrongful death suit against both Mr. Christensen and her.

At trial, there was no dispute that Mr. Christensen did not maintain any control over the car at the time of the accident. He did not have a key to the car, he did not drive the car, and he had no access to the car, since he and his wife had begun living separately after the divorce. However, his name was still on the title, thus making him a co-owner of the vehicle. Continue Reading ›

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In a moment, your life can change forever. Suffering from any type of injuries, big or small, can be an unnerving experience. When the injury is so severe that it has a long-term impact on your day-to-day life, the experience can be downright traumatic. Victims who suffer serious long-term injuries also have to deal with the emotional, mental, physical, and financial consequences that typically accompany such an injury. South Florida personal injury attorney Robert Dixon is committed to helping victims of serious and catastrophic injuries get the compensation they deserve. While no amount of money can ever make up for an accident, it can help ease the burdensome costs arising from the accident.

What Causes Catastrophic Injuries?

Negligent behavior varies from cases to case, as do the injuries that result from different accidents. The types of accidents that are most commonly associated with catastrophic injuries in the state of Florida include:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Work-related accidents (e.g., construction accidents)
  • Boating accidents
  • Biking accidents
  • Pedestrian accidents
  • Fire
  • Chemical-related accidents

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While Florida car accident cases often include claims against other drivers, there are a wide variety of circumstances in which third parties like manufacturers, parts makers, designers and repair shops may be liable for a crash. In Noyes v. Universal Underwriters Insurance Company, the U.S. District Court for the Middle District of Florida recently took on a case against an insurer that evolved from a separate case against an allegedly negligent auto repair shop.

Mr. Chattelle sued Tampa Auto Service following a Florida car accident in which Chatelle’s wife was severely injured. He alleged that the company wrongly decided to repair rather than replace a flat tire on the vehicle when he brought it into the shop three months earlier and said the defective tire caused the crash. Tampa Auto and its employees, including service manager Mr. Noyes, were insured by Universal Underwriters.

Seven months after he filed the case, Universal Underwriters’ counsel – Mr. LoNigro – sent Chattelle a letter offering to settle the matter for $1.3 million, which was the policy limit. Chattelle rejected the offer and later amended his complaint against Tampa Auto to include Noyes as a Co-Defendant. The case proceeded to trial, where a jury awarded Chattelle $7 million in damages against Tampa Auto and $6 million in damages against Noyes individually. Continue Reading ›

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If you’ve been injured in an automobile accident, guidance and representation by a reputable South Florida personal injury attorney like Robert Dixon can make all the difference.  Robert Dixon understands that an automobile accident can be a traumatic event which is why he is committed to handling your claim for you.

Sometimes, the cause of an accident is clear and ascertaining fault is easy. For example, a driver failing to observe a stop sign, driving at excessively high speeds or swerving in and out of lanes can lead to a reasonable allocation of fault. In Florida, the driver deemed to be negligent is liable for injuries and any damage that results from the accident. However, the issue of liability can become more complicated if the cause of the accident was the driver suffering from an unforeseeable medical episode behind the wheel.

In Marcum v. Hayward, the plaintiff was rear-ended at a red light. The driver of the other vehicle was an assistant manager driving a company vehicle with a coworker as a passenger. The driver later testified that she had momentarily blacked out, woke up, and then lost consciousness again just immediately prior to the accident. The coworker and passenger confirmed that the driver had stated she felt “funny” and then suddenly became unconscious, which ultimately caused the accident. Continue Reading ›

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Apportioning fault is one of the most challenging yet important factors in the aftermath of a car, truck or motorcycle accident as it determines how much you can recover from that accident. If you’ve been injured in an automobile accident, liability depends on who was at fault. Florida law requires that you establish the other party acted in a negligent manner. The negligence standard varies from state to state which is why it is imperative to retain an experienced personal injury attorney who can advocate zealously on your behalf.

Florida operates under a pure comparative negligence standard. This means that whatever amount you were negligent, your recovery will be limited by that amount. For example, if you are suing another driver and your actions are deemed to be 30% negligent, then your damages will be decreased by 30%. In other words, you will only be entitled to an award of 70% of your total monetary recovery. In this way, the doctrine of comparative negligence apportions negligence among the various parties involved in the accident.

Under state law, you can establish negligence if the following three conditions are met:

  1. The party that injured you had a duty not to injure you but did not meet that duty
  2.  The individual’s duty was related to your injury
  3. The individual’s failure to meet his or her duty is what caused your injury or damages

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