Car Accidents Category Archives - Page 4 of 16 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Florida Court Reverses Summary Judgment in Case Involving Claim of Governmental Immunity

Published on: October 16, 2019 | by Law Offices of Robert Dixon

A Florida man who was injured in a motor vehicle accident successfully appealed a final summary judgment motion entered by a lower court in favor of the City of Coral Gables. The case stemmed from injuries that the plaintiff sustained when his motorcycle collided with an SUV at an intersection. The plaintiff testified that he was traveling northbound when he noticed the SUV approaching in the southbound lane. The SUV driver was making a left turn when the plaintiff collided with the other driver’s SUV. The plaintiff explained that he could not stop in time to avoid the collision. The driver of the SUV claimed that recently planted palm trees with wooden supports at the end of the median obstructed his view of the motorcyclist.

The motorcyclist sued the City alleging, among other issues, that the City created a dangerous condition by negligently designing the intersection and planting the palm trees. The plaintiff argued that the City was liable because the trees and their wooden supports obstructed a driver’s view of oncoming traffic. The City countered that it should not be liable because the placement and wooden supports were a planning decision and not an operational decision; therefore, protected by governmental immunity.

Governmental entities cannot face liability for many of the day-to-day activities carried out by government employees. However, certain exceptions allow individuals to file a tort action against a Florida government agency. For governmental tort liability, the injury victim must be able to establish that the government entity owed them a statutory duty of care. The government agency will be liable only to the same extent that a private person would be under similar circumstances. Finally, certain discretionary functions are immune to lawsuits.

Florida Leads the Country When It Comes to Road Rage Involving Guns

Published on: October 3, 2019 | by Law Offices of Robert Dixon

Road rage puts everyone on the road at risk of harm. All motorists have a responsibility to follow the rules of the road and make safe decisions behind the wheel. If you were hurt or lost a family member due to an accident involving road rage, our hard working Miami injury attorneys can assess your situation and offer you a range of available legal options.

Florida law defines road rage, or aggressive driving, as at least two of the following behaviors: excessive speeding, changing lanes or improper passing, tailgating, failing to yield, and failing to follow traffic signs. Road rage differs from aggressive driving in that road rage may escalate into a criminal offense, such as an assault or incidents involving weapons.

Road rage typically stems from a driver’s uncontrolled rage due to the actions of another driver. Unfortunately, the problem seems to be getting worse. According to the National Highway Traffic Safety Administration, deadly car accidents linked to aggressive driving spiked almost 500 percent in 10 years, from 80 in 2006 to 467 in 2015. In addition, Florida has had more road rage incidents involving guns than any other state in the nation. According to data from the Gun Violence Archive, between the years of 2014 and 2018, Florida had 277 incidents, the highest in the country, followed by Texas (220) and California (157).

Man’s Attempt to Pass in No Passing Zone Leads to Fatal Collision

Published on: October 3, 2019 | by Law Offices of Robert Dixon

All motorists have an obligation to obey the rules of the road, including passing only when it is legal and safe to do so. If your loved one was killed in an accident caused by someone improperly passing, you have legal options. We know that the untimely death of a loved one is a devastating experience, which is why we will advocate for you in a sensitive yet competent manner. Wrongful death cases are complicated so having the right attorney on your side can be the difference between winning and losing a case. As highly skilled Miami car accident attorneys, we are proficient in Florida wrongful death law and can help families determine who may be at fault and the degree of their liability.

A 26-year-old woman died following a car accident in September, 2019. The crash took place on State Road 80 in Hendry Country. Florida Highway Patrol Law (FHP) says a man and six-year-old boy were driving east on a curve in the road while the 26-year-old woman was traveling west. FHP explained that the man tried to pass slower traffic in a no passing zone. Both he and the victim tried to avoid a crash, swerving towards the shoulder but ended up hitting each other. Tragically, the woman died at the scene while the man suffered severe injuries and was rushed to the hospital.

If a person dies as a result of the negligence of another person, certain surviving family members of that deceased person may be able to sue for wrongful death. Under Florida law, a wrongful death occurs when a victim loses his or her life as a result of someone else’s misconduct or gross negligence. To prove negligence took place, the plaintiff bears the burden of proving the following elements by a preponderance of the evidence:

Florida Man Killed in Single Vehicle Accident

Published on: October 3, 2019 | by Law Offices of Robert Dixon

We tend to assume that car accidents always involve two or more vehicles but this is simply not the case. Many accidents are single vehicle accidents that, as the name suggests, only involve one vehicle. If you have been hurt in a single vehicle accident, do not assume that you don’t have rights. Our Miami auto accident attorneys understand how to scrutinize your case to determine your eligibility for compensation. You can rest assured that we will not leave any stone un-turned when devising a legal strategy to protect the rights of our clients.

A Florida Highway Patrol (FHP) report indicates that a Panama City Beach man was killed in an accident in which his truck flipped over in Walton County. FHP says the accident took place on U. S. Highway 98 last month. According to law enforcement, a 28-year-old man was traveling west when his car veered onto the shoulder of the road. Even though the driver tried to regain control, his vehicle started rotating counter clockwise and ultimately flipped over in the middle of the highway. Tragically, the man suffered serious injuries and was rushed to the hospital where he later died.

After single vehicle accidents, it is often assumed that the driver is at fault since no other vehicle is involved in the crash. However, this is not always true. Many different factors outside of your control can cause or contribute to these accidents or make them worse, including but not limited to:

Improperly maintained roads (i.e., potholes);
Animals on the road;
The negligence of another driver (i.e., a driver cuts you off and you swerve to avoid a collision but end up crashing into a wall);
Flying objects (i.e., debris falling off a truck);
Defective car parts (i.e., brakes failing); and/or
Poorly placed signs.

Tragic Accident Sends SUV Plunging into Tampa Bay

Published on: September 19, 2019 | by Law Offices of Robert Dixon

When an SUV collides with a smaller vehicle, it can result catastrophic injuries and even fatalities for those involved. If you have been injured in an SUV accident, please contact our seasoned Miami SUV accident lawyers immediately. We can assess the facts of your case and help you understand your legal rights and options. You can take comfort in knowing that we are going to work diligently to get you the maximum amount of monetary compensation possible in your case.

Rescue crews recently found an SUV that plunged off a bridge into the Tampa Bay after being involved in an accident. The Florida Highway Patrol (FHP) stated that the SUV was recklessly going south on the bridge when it struck a pick up truck, flipped over numerous times, crashed into the concrete barrier, rolled over and went down in the water. Specifically, the SUV was tailgating and changing lanes erratically immediately before the accident took place. While divers found and pulled the SUV out of the water, they have not been able to locate the occupants, nor were any occupants seen emerging from the water. The FHP states that this is only the second time in ten years an automobile has gone over the bridge and into the water.

Negligence is perhaps the most common cause of motor vehicle accidents, including SUV crashes. Negligence takes place when an individual does not use reasonable care while driving, causing injury or death to another. In other words, negligence refers to a person’s failure to do something that a generally prudent person would have done in a comparable situation. To win a personal injury lawsuit rooted in negligence, the plaintiff must show the following elements: i) the defendant owed the plaintiff a duty of care; ii) the defendant breached the duty of care owed to the plaintiff; and iii) the defendant’s breach was a direct cause of the SUV accident and resulting harm.

New Study Ranks Florida Fourth Worst State for Auto Insurance Claims

Published on: August 14, 2019 | by Law Offices of Robert Dixon

Car accidents, whether minor or severe, can be an inconvenient interruption in a person’s life. Whether it is dealing with injuries, property damage or even filing a claim with insurance – it can be a cumbersome and time-consuming process. If a car accident has led to you or someone you love being injured, you must consult a Miami car accident attorney who can help. We will evaluate your case and provide you with our professional opinion regarding the value of your claim.

Paying for car insurance is a reality of life that no one particularly enjoys. If you are at fault or even partially at fault for a car crash, there is a strong chance that your car insurance rates will increase. But just how much the rate will increase may depend on the state in which you reside. A new study by Insurance.com reveals the best and worst states for auto accident claims following an at-fault accident. In other words, the study covers how much auto insurance rates spike after an accident. The study hones in on at-fault claims in each and every state where the claim was a minimum of $2,000 in damages. In every state across the board, however, insurance policy rates increased by an average of 31 percent after an at-fault claim.

Based on the study, Michigan is the worst state for car insurance claims where drivers already deal with the most expensive insurance rates of any state in the country. On average, Michigan drivers pay $2368 per year, and this number spikes to $3,502 after a wreck, a 48 percent jump. Louisiana comes in second place, followed by California and then Florida, which is ranked the 4^thworst state for post-accident auto insurance rates. In Florida, drivers pay an average rate of $2,250 and this rate jumps to $3,045 after an accident, an increase of 35 percent. Continue Reading ›

Florida Court Discusses Admissibility of Social Media Evidence in Hit and Run Case

Published on: August 14, 2019 | by Law Offices of Robert Dixon

If you have been injured in a hit and run car accident, you probably have many questions. Our trusted Miami injury attorneys can take a close look at your case and help you understand your legal rights and options following a crash. At our firm, we understand how stressful it can be dealing with a hit and run accident because of the uncertainty it creates in terms of how you should proceed. But rest assured that you have options. We understand the nuances of Florida personal injury law and can apply it to your case.

In a recent case, a 28-year old man has been accused of causing the death of a rising MMA star in a hit and run accident this past May. The State claimed that the man drove recklessly while intoxicated after having left a bar. After the accident, the man supposedly went to a buddy’s house, “posted” something pertaining to the wreck online and hid the car he had been driving before getting it repaired.

Florida law requires drivers of all vehicles involved in a collision to stop their vehicle and stay at the scene. In fact, drivers are not allowed to depart the scene of a wreck until they have provided their names, addresses, and registration numbers for the automobiles they were driving. In addition, drivers must share their driver’s licenses information to any person, driver, or passenger who has been hurt due to the accident. If possible, drivers are also required to provide reasonable assistance to an individual who is hurt, including calling 911 if necessary.

High Drivers Do Not Think They Will get Caught, Study Finds

Published on: July 24, 2019 | by Law Offices of Robert Dixon

Sadly, drugged driving has become an epidemic all across the country. If you have been injured in a car accident caused by a driver who was under the influence of marijuana, we can help you and your family. Our Miami personal injury lawyers understand the system and will work tirelessly to protect your rights and help you recover the maximum amount of compensation in your case. In short, we understand the law and will put that knowledge at work for you.

A new study by the AAA Foundation found that while almost 15 million Americans admit to driving within one hour after using marijuana, most do not think they will get caught by police for driving while high. In fact, the study found that an estimated 14.8 million drivers, nationwide, report that they have driven within one hour of using marijuana at least once in the past 30 days. This is worrying since it takes one to four hours after using the drug to feel its impairing effects. Researchers have found that more Americans approve of driving after using marijuana (7 percent) than they do driving drunk (1.6 percent). Marijuana users who drive high are up to twice as likely to be involved in a crash.

With the legalization of marijuana in many states, drugged driving deaths have increased. Florida DUI laws criminalize the operation of a motor vehicle not only when a person’s blood alcohol concentration is .08 or above, but also if a person is under the influence of drugs, including marijuana. While a DUI arrest can lead to criminal consequences, it can do surprisingly little to compensate accident victims for their injuries and losses. Instead, an accident victim can file a civil negligence lawsuit against the impaired driver.

Florida Ranks Among States with the Worst Drivers in the Country

Published on: July 24, 2019 | by Law Offices of Robert Dixon

A car accident can lead to severe injuries and property damage. After a crash, medical bills and other bills often start to pile up, taking a serious financial and emotional toll on the victim. If you’ve been hurt in a car crash, finding the right lawyer can help your ability to receive the compensation you are entitled to. Our trusted Miami injury attorneys have the legal experience and background needed to effectively advocate for your rights. We will handle the legalities of your case so you and your family can turn your attention towards healing.

SmartAsset recently released its third annual study on the states with the worst drivers for 2018. Researchers found a three-way tie for fourth place between Florida, Nevada and Texas. Alarmingly in Florida, just 73.30 percent of drivers in the Sunshine State have insurance, the lowest rate in the country. In addition, Florida has the 11^thhighest rate of searches for traffic-related tickets. To draw its conclusions, the study examined four factors: the percentage of drivers who carry insurance, the number of driving while intoxicated (DWI) arrests per 1,000 drivers, the number of deaths per 100,000 vehicle miles driven and how frequently individuals Google things like “traffic tickets” or “speeding tickets.”

Anyone can be involved in a car crash at any time. Car accidents may be more common than you realize. According to the 2016 statistics from the Florida Highway Safety and Motor Vehicles department, approximately 668,699 drivers were involved in 395,785 reported accidents. On average, 1,080 crashes took place each day. These accidents led to 254,155 injuries and 3,176 fatalities that year.

The Fourth of July Holiday is a Dangerous Time to be on the Road

Published on: July 24, 2019 | by Law Offices of Robert Dixon

From barbeques to fireworks to family gatherings, the Fourth of July holiday can be a festive time. However, it can also be a dangerous time since so many people are on the road taking road trips and visiting loved ones. If you or someone you know has been hurt in an accident on or around the Fourth of July holiday, you may be entitled to compensation for your injuries and losses. At our firm, our diligent and reliable Miami auto accident lawyers are dedicated to zealously advocating for our clients.

Independence day means people across the country will be out celebrating. The AAA says that nearly 50 million Americans will travel this year for the Fourth of July holiday. A staggering 41.4 million of the 50 million are estimated to travel by automobile, making it a record high. This signifies an additional 1.9 million people making road trips as compared to last year. Furthermore, about 3.55 million Americans will travel by train, buses and cruise ships. Sadly, the spike in automobiles on the road also leads to a spike in deadly accidents. According to a study by WalletHub, approximately 600 Americans die in motor vehicle accident every Fourth of July.

If you’ve sustained an injury in an auto accident, you can sue the driver that was negligent in causing the accident. Negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised in a comparable situation. The behavior typically consists of actions, but can also consist of omissions – namely, a failure to act when there is a duty to do so. It is important to note that there may be multiple drivers that are legally responsible for the accident and resulting injuries.