Articles Posted in Car Accidents

If you have been injured in a car accident, you need a skilled legal advocate on your side. At the Law Offices of Robert Dixon, our reputable Miami auto accident attorneys thoroughly understand the nuances of Florida personal injury law, including the process of obtaining evidence from the other parties in the case.

Dade Truss Co. v. Beaty

In a recent case, a Florida appeals court held that a defendant could not improperly avoid discovery based on untrue claims of privilege. In July of 2016, the plaintiffs got into a motor vehicle accident with the defendant, who was driving a tractor-trailer owned by his employer. In September 2016, the plaintiffs filed a personal injury lawsuit against the defendant, shortly after which began the process of discovery. During the process, the defendants noted a private investigator as a fact witness. The private investigator was subpoenaed for a deposition and he was requested to bring all documents relevant to his investigation of the plaintiff. When the deposition ended, the plaintiff’s lawyer stated that the private investigator would give his opinions on a future date.

The plaintiffs then made a request for production, which is a legal request for documents related to the case made to the opposing party. Specifically, the plaintiffs sought documents that showed the private investigator’s insights and observations. The defendants objected citing work product privilege and removing the private investigator from the witness list. The trial court overruled the defendant’s objection. In addition, defendants objected to other requests for production citing work product privilege for some and general objections to the others. However, the defendants did not file a privilege log identifying the documents they claimed to be privileged. As such, the trial court overruled the objections and ordered document production within ten days. The defendants filed a certiorari petition.

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Sadly, car accidents happen on a daily basis in Florida and throughout the country. If you have been seriously hurt or someone you know has died in a car accident, you may be able to recover compensation from the at-fault party. While no sum of money can take away the pain you have suffered, it can help pay for the bills that suddenly pile up after an accident. At the Law Offices of Robert Dixon, our seasoned Miami car accident attorneys know how to preserve evidence and build the strongest case possible on your behalf.

Calhoune v. Ford Motor Company et al

In cases where an accident is allegedly caused by a design or manufacturing defect, the car itself can be critical evidence in establishing fault. Following an accident, the plaintiff often has an obligation to preserve the vehicle so that the opposing party can properly inspect it. Failure to preserve the car could potentially negatively impact the plaintiff’s case. In Calhoune v. Ford Motor Company et al, a Florida court recently discussed when an adverse inference instruction against the plaintiff for not preserving a vehicle that supposedly had a design or manufacturing defect is appropriate.

In this case, the plaintiff was driving his Ford Mustang GT on an interstate when he swerved to avoid hitting a vehicle that made an improper lane change and lost control of his car, which ultimately flipped over and landed on its roof. The plaintiff sustained such severe injuries that his left arm had to be amputated. The plaintiff’s insurance company determined that the Mustang was a total loss, which led to the plaintiff transferring the title of the car to the insurance company. Neither party preserved the car.

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Depending on the severity, car crashes can be devastating. If you have been injured in a car wreck, you could potentially recover a variety of damages, such as medical bills, lost wages, pain and suffering, property damage and more. At the Law Offices of Robert Dixon, our highly skilled Miami car accident attorneys are committed to fighting for the rights of South Florida clients. When you hire us, you can rest assured that we will handle the legal details so you can focus on healing.

The Case

In Seminole Lakes Homeowner’s Association (HOA) v. Esnard, the court held that a HOA that creates conditions that lead to an accident does not necessarily mean the HOA will be liable for the accident when the condition created by the HOA did not directly lead to the accident.

In the case at hand, when facing a serious parking problem, the HOA allowed on-street parking, even though restrictive covenants required otherwise. The municipal code prohibited on-street parking that could interfere with the flow of traffic. Permitting on-street parking prevented two cars from traveling between vehicles parked on either side of the street.

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