Duty of Care Category Archives - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Pedestrian Accidents in South Florida

Published on: July 24, 2014 | by Law Offices of Robert Dixon

The sunny weather in Florida is conducive to lots of outdoor activities, such as rollerblading, bike riding, and walking through the cities. The last thing you want to worry about when you venture out for a brisk walk or a nice stroll is a car hitting you. Unfortunately, the reality is that pedestrians accidents happen frequently throughout Florida. In fact, a recent report published by the National Complete Streets Coalition and Smart Growth America highlights that Florida leads the nation when it comes to dangerous areas for pedestrians. Statistics indicate that 1,539 pedestrians have been killed in South Florida over the past 10 years.

Under Florida law, where sidewalks are provided, a pedestrian must not walk on the road but rather should always use the sidewalk. Where a sidewalk is not provided, a pedestrian can walk on the road but must be cautious. According to a Florida statute, pedestrians have the right of way on marked crosswalks, and they should move upon the right half of the crosswalk. Failure to adhere to these laws can result in a noncriminal traffic infraction, known as a pedestrian violation.

Even when pedestrians take all the right steps and precautions when crossing the street, they can still be injured due to the carelessness of vehicle drivers on the road. Drivers collide with pedestrians due to distracted driving, intoxicated driving, speeding, failing to yield, or simple inattentiveness that causes them not to realize the pedestrian is there. Pedestrian accidents can happen in a variety of ways, including head-on collisions with vehicles, roll-over crashes, and bicycle accidents. Continue Reading ›

The Duty of Care When There is a Foreseeable Zone of Risk – Dorsey v. Reider

Published on: July 15, 2014 | by Law Offices of Robert Dixon

While a person typically has no duty to protect people from third-party harm, there are certain situations in which the lines blur and the rules become tricky. The case of Dorsey v. Reider illustrates such a situation.

In 2007, three men by the names of Dorsey, Reider, and Noordhoek were drinking at a neighborhood bar in Florida. All three men had consumed enough alcohol that they were over the legal limit. After some time, Reider became loud and boisterous, saying he wanted to fight everyone in the bar. Upon observing Reider’s behavior, Dorsey uttered a curse word at Reider and left the bar. Reider and Noordhoek followed Dorsey demanding an explanation for why Dorsey had used such language against Reider.

Dorsey proceeded to walk, ignoring the two men. Dorsey’s route took him between Reider’s truck and an adjacent car. As Dorsey tried to keep walking, the two men managed to trap him between the vehicles. They continued to harass Dorsey and prevented him from leaving. The altercation escalated, and Noordhoek reached inside Reider’s unlocked truck and retrieved a tomahawk, a tool that resembles an axe used in camping, bushcraft, or land-clearing situations. Upon seeing the tomahawk, Dorsey tried to escape the scene by pushing Reider, but Reider did not let him leave. A few seconds later, Noordhoek hit Dorsey over the head with the tomahawk, rendering him unconscious. Both Reider and Noordhoek immediately fled the scene. Continue Reading ›

Understanding the Basics of “Catastrophic Injuries” Under Florida Law

Published on: July 7, 2014 | by Law Offices of Robert Dixon

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