Articles Posted in Negligence

In many Florida personal injury cases, more than one party is to blame. Even a plaintiff may share the blame in causing an accident. In these cases, Florida law applies the doctrine of comparative negligence. Under the doctrine of comparative negligence, liability is apportioned depending on the percentage that each party is at fault, as determined by the fact finder (a judge or a jury). That means that if a jury finds that a party is 60 percent at fault and another is 40 percent at fault, each party will be liable for the plaintiff’s damages according to their respective percentage of fault.

This is true also for the plaintiff. Under the doctrine of pure comparative of negligence, and under Florida Statute 768.81(2), even if a plaintiff is found to be mostly at fault, the plaintiff can still recover compensation from other at-fault parties. That is, if a plaintiff is found partially at fault, a plaintiff’s recovery will not be barred entirely, but the compensation owed to the plaintiff will be reduced according to the plaintiff’s percentage of fault.

A defendant may also try to blame an accident on a non-party—a person or an entity that is not a party to the lawsuit. In that case, to allocate fault to a non-party, a defendant may plead the fault of the non-party, and must identify the non-party or describe the non-party as precisely as possible. A defendant must generally identify a non-party at fault by motion or in the initial responsive pleading in the lawsuit when the defendant asserts its defenses. At trial, the defendant must then prove that the non-party was at fault in causing the plaintiff’s injuries by a preponderance of the evidence. A fact finder must then apportion the negligence of the defendant and the negligence of the plaintiff and any other non-parties, ultimately calculating the defendant’s liability. Importantly, when a defendant can shift fault to a non-party, a plaintiff will not typically be able to file another complaint against that party. Thus, it is critical to investigate all potentially liable parties and name them from the outset.

Car accidents can lead to catastrophic, life-changing injuries. Dealing with these injuries is hard enough, but also having to think about the legal steps you should be taking can add a whole new level of stress. If you have suffered a catastrophic injury in an accident caused by someone else’s carelessness or mistake, we can assist you. Our dedicated Miami catastrophic injury attorneys will focus on the legalities of your case so you can focus on healing and moving forward. You can take comfort in knowing that we provide experienced representation to each and every one of our South Florida clients.

Former Miami Dolphins defensive tackle, Kendrick Norton, lost an arm due to a car crash earlier this month. According to the Florida Highway Patrol (FHP), Norton suffered severe injuries to his left arm, which led to an amputation. At the time of the accident, Norton was not wearing a seat belt and was driving his pick-up truck in the early morning hours of July 4 on a road known as the Dolphin Expressway, a 15-mile stretch of highway that cuts across Miami. Norton was cited for an improper lane change after he pulled in front of another vehicle and grazed it before he crashed into a concrete barrier. The truck flipped and, when it stopped, was upside down. According to a family friend of Norton, however, the football player was cut off before his vehicle flipped. Alcohol and drugs were not suspected to have been a factor in the accident for either driver. The driver of the other vehicle was not injured.

The term “catastrophic injury” is not something that injury attorneys take lightly. A catastrophic injury refers to an injury that results in serious and permanent injury to the victim. This can include disability and/or disfigurement. These injuries may include traumatic brain injury, quadriplegia, paraplegia, amputations, organ damage, severe burns or any injury that has a life-altering impact on a person.

Whether you were a pedestrian who was injured in a car crash or you have lost a loved one in a pedestrian accident, we can help. At the Law Offices of Robert Dixon, our highly skilled Miami pedestrian accident attorneys will thoroughly examine the circumstances of the accident and help you determine your legal rights and options. We understand that a pedestrian accident can turn your life upside down in the blink of an eye, which is why we will handle your case with the utmost compassion.

A man was recently hit and killed while walking along Interstate 95 in Fort Lauderdale. According to the Florida Highway Patrol, the accident took place before 6:00 a.m., delaying morning commuters for several hours. The tragic accident occurred as the 29-year-old victim walked in the right lane near a temporary construction barrier in the northbound lanes south of Sunrise Boulevard, and was struck by a 2018 gray Toyota 4Runner. The Toyota driver stopped and remained at the scene of the wreck until law enforcement arrived. The cause of the accident is still under investigation.

All Florida drivers have a legal obligation to drive in a reasonably safe manner. This includes the duty to take others on the road, including pedestrians, into account.  If a car hit you while you were walking, you have rights. A pedestrian can sue the person(s) responsible for the pedestrian accident through a negligence claim. In the context of an accident involving an automobile striking a person on foot, negligence takes place when a driver causes injury by failing to exercise reasonable care behind the wheel. Reasonable care refers to the degree of care that a prudent or sensible driver would have used under the same or similar situation.
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Since Florida is sunny and warm for most of the year, it is an ideal place to ride a motorcycle. While riding a motorcycle can be exhilarating, it can also be extremely dangerous. If you or a loved one has suffered a substantial injury after being involved in a motorcycle crash, our Miami motorcycle accident attorneys can investigate your case. These cases can be complicated, and you will undoubtedly want an experienced legal advocate on your side.

Earlier this month, a motorcycle rider died after a crash on U.S. 1 in Cocoa, according to law enforcement. The two-vehicle accident, which involved a vehicle and a motorcycle, was reported around noon and took place close to an intersection. Sadly, the motorcycle rider was pronounced dead at the scene of the wreck. It is unclear if other injuries were reported at the time of the crash. The accident caused some delays on the road as emergency workers cleared the scene.

Unfortunately, deaths caused by motorcycle crashes are more common than you probably think. The National Highway Traffic Safety Administration published data on motorcycle deaths by state in 2016 and found that 586 people died in motorcycle wrecks and related injuries in Florida that year. About 555 of these deaths were rider fatalities. In addition, 78 percent involved a blood alcohol content (BAC) of .01 or higher, whereas 16 percent involved a BAC of .15 percent or higher.

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Motorcycle accidents can be extremely dangerous, especially for the motorcycle rider who is particularly susceptible to bodily injury. If you have been injured in a motorcycle accident that was not your fault, you may be able to recover compensation to cover your losses. At the Law Offices of Robert Dixon, our skilled Miami motorcycle accident attorneys can help you value your claim and seek the maximum amount of damages in your case.

In Kempton v. McComb, following a jury trial for a collision in which the plaintiff was riding a motorcycle and was struck by a car, the plaintiff appealed based on the jury’s ruling that he was 55 percent negligent and the defendant was 45 percent negligent. The trial court then applied section 768.36 (the drug and alcohol defense) of the Florida Statutes (the “statute”) and barred the plaintiff from recovering any damages. The plaintiff appealed.

The plaintiff argued that the trial court made a mistake in applying the drug and alcohol defense since the jury’s decision did not indicate, as necessitated by the statute, that the plaintiff was more than 50 percent at fault “as a result of the influence of an alcoholic beverage.”

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