Truck Accidents Category Archives - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Avoiding Florida Truck Accidents During Bad Weather

Published on: February 24, 2021 | by Law Offices of Robert Dixon

Florida drivers experience drastic and severe weather changes on a fairly regular basis. Although drivers may have experience handling these changes, these conditions pose serious dangers to motorists and passengers. Florida weather-related accidents, especially those involving large trucks, can result in serious injuries and fatalities. Further, the unexpected flurry of winter storms throughout the southern United States highlights the importance of safe winter driving skills.

For example, national news reports continue to detail the havoc that the recent winter storm brought to the south and midwest. One of the most devastating series of accidents occurred on a popular Texas highway. The icy conditions caused over 100 vehicles, including tractor-trailers, semi-trucks, and sedans, to spin out and collide with each other. As the vehicles spun out on the slick roads, many of the cars became trapped in the pileups. Emergency responders used tow trucks and emergency equipment to extricate the drivers and passengers. Although the National Weather Service issued a weather advisory, it seems that many motorists did not expect that the road conditions could change so drastically.

Theoretically, drivers should stay home during severe weather events. However, practically, this is not always feasible. Drivers who must drive and experience a sudden change in weather conditions, should immediately adjust their driving. Motorists should reduce their speed, and leave distance between their cars and other vehicles, especially between large trucks. Further, drivers should remain vigilant about traffic patterns to avoid sudden braking or shifting.

Florida Appeals Court Addresses Delegable Duties in Truck Accident Case

Published on: April 8, 2020 | by Law Offices of Robert Dixon

Earlier this month, a state appellate court released an opinion in a Florida truck accident case, discussing several issues that commonly arise in cases filed against trucking companies. The appeal arose after a plaintiff suffered injuries when a tire from a trailer became detached and hit the car in which she was a passenger. The plaintiff filed a lawsuit against various parties, including the trucking company and the automotive company that installed the tire. The victim dropped all parties from the claim except the trucking company, alleging that the trucking company owed her a “non-delegable” duty to ensure that their trailer was safe. She argued that this duty included inspecting, maintaining, and repairing the trailer. The woman appealed after the lower court found in favor of the trucking company, holding that the trucking company was not liable for the mechanic’s faulty work.

Under Florida law, parties who hire independent contractors to do work for them may still be liable for injuries when a non-delegable duty is at issue. Challenges frequently arise in these cases because there is no specific definition or criteria for when a duty is delegable. Typically, Florida courts have found that a property owner’s duty of care toward invitees is non-delegable. In contrast, Florida courts have held that a hospital owed no non-delegable duty to a patient after a negligent independent contractor physician caused the patient injuries in the hospital’s emergency room.

In this case, the woman argued that the trucking company should have inspected the mechanic’s work. The trucking company countered that they regularly utilize the mechanic and that it is unrealistic to ask their drivers to engage in lengthy and intensive inspections that they are not trained to do. The woman relied on various Federal Motor Carrier Safety Regulations, which state that motor carriers must inspect all motor vehicles subject to their control. However, the court found that the trucking company did engage in appropriate inspections, and additional checks of the trailer were not necessary. The court, in this case, refrained from imposing blanket liability on trucking companies based on faulty repairs.

Appeals Court Certifies Question to Florida Supreme Court Regarding Video Footage in Summary Judgment Motions

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

Recently, a state appellate court issued an opinion certifying a question to the state’s high court after a plaintiff appealed a lower’s court decision to grant the defendant’s motion for summary judgment in a Florida car accident. According to the court’s opinion, the plaintiff died after rear-ending the defendant’s Freightliner truck. Evidently, both motorists were driving on a six-lane Florida highway towards an intersection. The plaintiff rear-ended the back of the Freightliner, pushing the truck forward into another vehicle. The plaintiff died because of the injuries he suffered in the accident.

The plaintiff’s estate filed a personal injury lawsuit against the Freightliner driver, alleging that he negligently switched lanes before the accident, ultimately causing the rear-end. The defendant testified that he was traveling in the center of the three lanes, and he felt the pickup truck rear-end him while he was approaching the intersection. The defendant presented video evidence from his dashcam to substantiate his claims. However, the plaintiff’s eyewitness and an expert witness both testified that the defendant quickly changed lanes before the collision.

The defendant argued that under Florida law, motorists who rear-end another car are presumed negligent. Moreover, he claimed that the defendant’s video footage flatly contradicted the plaintiff’s expert and eyewitness testimonies. Ultimately, the trial court granted the defendant’s motion for summary judgment. On appeal, the plaintiff argued that the trial court erred in granting summary judgment because their eyewitness and expert witness created a genuine issue of material fact.

Two Killed in Osceola County Crash Involving Dump Truck

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

Dump truck accidents, like any other type of accident, can change your life in an instant. With cargo inside, dump trucks can weigh over 50 tons and can be incredibly dangerous especially when moving at high speeds. If you have been injured in a truck accident, you must contact our seasoned Miami truck accident lawyers right away. We understand the unique challenges these cases bring up, which can be the difference between winning and losing in your case.

Two people died in an Osceola County accident earlier this week after a dump truck jumped a median on US Highway 192 and entered the lane with oncoming traffic. The Florida Highway Patrol (FHP) recently released the identities of the two killed in the crash. One of the victims was a 19 year-old woman while the other was a 48-year-old man. Tragically, both were found dead at the scene.

The driver of the empty dump truck was a 50-year old who was driving on the highway around 7:00 a.m. when he approached a road. He failed to slow down while approaching and then cut across a raised median and then drove into traffic headed east. The 48-year-old victim was riding a motorcycle and struck the back of the truck. The truck then crashed into a Honda SUV being driven by the 19-year-old woman. The driver of the dump truck was not injured. The case is still being investigated and charges against the driver are pending.

Florida Appeals Court Seeks Clarification on Summary Judgment Standard in Truck Accident Case

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

Have you or your loved one been injured in a truck accident? If so, you need a trusted Miami truck collision lawyer to evaluate your case and help you determine your legal options. With wide-ranging experience handling personal injury claims for South Florida clients, we know how to help.

A Florida appeals court recently sought clarification from the Florida Supreme Court, asking if there should be a different summary judgment standard when video evidence is involved. Under Florida law, a party is entitled to summary judgment as a matter of law when there is “no genuine issue” pertaining to any “material fact.” A material fact, in this context, is anything that tends to prove or disprove a disputed fact that is relevant to the outcome of the case.

The facts of the case are as follows. On January 17, 2017, a man was driving a freightliner truck on the freeway when he was rear ended by a pickup truck. The collision caused the freightliner to hit another vehicle. The pickup truck driver died as a result of the injuries he sustained in the accident.

Florida Man Killed in Truck Accident on I-75

Published on: July 17, 2019 | by Law Offices of Robert Dixon

A collision with a truck, tractor-trailer or other large vehicle can have devastating outcomes for everyone involved. If you were involved in a truck accident, you need to consult a trusted Miami truck accident attorney immediately. We understand the difficulties you face following a truck accident, and you can trust that we will do everything in our power to resolve your case as quickly and efficiently as possible.

A Miami man was recently killed when the box truck he was traveling in as a passenger rear-ended a tractor-trailer on I-75 in Marion County. The driver of the box truck was rushed to the hospital and is in stable condition. The accident, which took place in the early afternoon, caused the highway to be shut down for hours. According to the Florida Highway Patrol, the semi truck was in the middle lane and had to slow down. However, the box truck failed to slow down and slammed into the back of the semi’s empty trailer, damaging the vehicle’s doors and crushing the front of the box truck.

All drivers on the road have a duty to drive in a safe manner. Unfortunately, this does not always happen. Common causes of truck accidents include:

Speeding;
Distracted driving;
Driving under the influence of drugs or alcohol;
Tailgating;
Improper lane change;
Following too closely;
Aggressive driving;
Unsecured cargo; and/or
Adverse weather conditions.

Driver, Passenger Extricated from Car by Firefighters After Serious Florida Highway Accident

Published on: April 17, 2019 | by Law Offices of Robert Dixon

If highways and freeways are part of your daily commute, as is the case for many Americans, your chances of getting into a car accident are significant. If you or a loved one was injured in a highway accident, you are probably overwhelmed and may even be unsure of your next steps. At the Law Offices of Robert Dixon, our knowledgeable Miami highway accident attorneys are committed to protecting the rights of South Florida clients by vigorously seeking the compensation they rightfully deserve for their injuries.

A serious accident on I-75 in Marion County sent a driver and passenger to the hospital after a semi truck landed on top of a car in a multi vehicle collision. The 18-wheeler, packed full of produce, had to be cut through to reach the car, which was trapped underneath. Ultimately, the car door was cut through and the driver and passenger were rushed to the hospital with traumatic injuries. A crane was also brought to the scene so firefighters could search underneath the big rig to make sure no one else was trapped. The collision involved two tractor-trailers and three vehicles. The exact cause of the accident is still unknown.

Semi Truck Sideswipes Parked Florida Police Cars

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

Unfortunately, motor vehicle accidents happen every day in Florida and across the United States. Many of these accidents take place because motorists fail to obey the rules of the road. If you’ve sustained an injury or lost a loved one in an auto accident caused by someone else’s negligence, we may be able to help. At the Law Offices of Robert Dixon, our reputable Miami auto accident attorneys are committed to getting South Florida clients the compensation and justice they deserve for their harm.

A Hardee County police officer was rushed to the hospital when a semi-truck sideswiped two police cruisers. The two police vehicles were pulled over looking into another accident when the truck crashed into the drivers’ sides of the cars. The door of one of the police officer’s cars was twisted all the way toward the hood. Florida Highway Patrol (FHP) is now trying to figure out the cause of the accident. It is unclear at this time whether the collision is a violation of Florida’s Move Over Law.

Florida Move Over Laws

Under Florida Statute 316.126, motorists are required to move over for stopped police cars, first responders, sanitation vehicles, utility service vehicles and tow trucks. If you cannot move over because you are on a one-lane highway, for example, you should reduce your speed down to 20 mph less than the posted speed limit. You should slow down to 5 mph when the posted speed limit is 20 mph or less. The Move Over Law was created because many police officers have been struck and killed while pulled over on the side of the road.

88-Year-Old Man Dies After Driving Golf Cart into Truck’s Path

Published on: January 2, 2019 | by Law Offices of Robert Dixon

Florida is home to a number of beautiful and world-renowned golf courses. While most people operate golf carts without incident, the reality is that accidents do happen. If you were injured in a golf cart accident, you could potentially recover compensation for your injuries. At the Law Offices of Robert Dixon, our seasoned Miami personal injury attorneys understand that golf cart accidents can be just as serious as car accidents. With years of experience, we know how to help you seek recovery.

An 88-year-old man who drove his 2000 Yamaha golf cart into to the path of a Chevy pickup truck died as a result of his injuries at Ocala Regional Medical Center earlier this month. According to a report by the Florida Highway Patrol, the golf cart was traveling south on a trail adjacent to Cazaras Avenue and was struck when he tried to cross at a trail crossing without yielding. The golf cart driver was not wearing a seatbelt at the time of the accident.

Establishing Negligence for Golf Cart Accidents

Drowsy Driver Causes Accident with Pick-Up Truck in Florida

Published on: December 20, 2018 | by Law Offices of Robert Dixon

Sadly, drowsy driving is the cause of many preventable accidents every year. If you’ve been hurt in an accident caused by drowsy driving, it is essential to contact a reliable Miami car accident attorney without delay. We will work tirelessly to help you make the financial recovery you rightfully deserve for your injuries.

Just last month, Florida Highway Patrol (FHP) troopers said a drowsy driver caused a serious accident at a toll plaza in Winter Haven. Toll both cameras captured the wreck and showed the pickup truck being pushed forward after an SUV crashed into the back of the truck, causing the truck to slam into a camera, light display and two control panels at the toll booth plaza. The victim who was driving the truck broke his leg as a result of the accident and had a seizure that led him to be put in intensive care. Law enforcement highlighted that accidents at tollbooths are rare since the posted speed limits are low.

Drowsy Driving Accidents in Florida

Drowsy driving, also known as tired driving or fatigued driving, refers to the operation of an automobile while being cognitively impaired due to lack of sleep. Just like drunk driving, drowsy driving can result in impaired judgment and delayed reactions, which can substantially raise the risk of accidents on the road. Unfortunately, drowsy driving accidents injure too many Floridians every year. FHP data shows that there were 4,329 accidents caused by drowsy driving in 2017, which led to 28 deaths. Across the country, data reveals that drowsy driving is responsible for 100,000 collisions.