South Florida Injury Lawyer Blawg

Former Miami Dolphins Player Loses Left Arm after Tragic Car Crash

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

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.

Florida Court Discusses Landlord’s Duties in Recent Slip and Fall Case

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

Slip and fall accidents can lead to devastating, life-changing consequences for a person. In the most serious cases, these accidents can be fatal. When a slip and fall accident takes place on another’s property, you could potentially obtain compensation for things like medical bills and lost income that are a direct result of the accident. Our Miami premises liability attorneys will meticulously look into what happened in your case and fervently advocate for your rights.

In a recent opinion, a plaintiff lived in a condominium for almost ten years. During that whole time, she knew about a specific crack in the sidewalk and watched it continue to worsen. In fact, she had traversed the area many times without incident – never taking special care to avoid it. While she told the landlord that the area needed to be repaired, no repairs were made. Then one day, the plaintiff fell on the fractured concrete. She sued the landlord for injuries, alleging failure to warn and a failure to maintain the premises.

The landlord filed a motion for summary judgment saying that the condition was open and obvious. They used the plaintiff’s own testimony indicating that she knew about the condition and she also knew that there were other paths she could have used. The trial court granted the landlord’s motion based on the plaintiff’s undeniable awareness of the sidewalk’s condition, its open and obvious nature, and her assumption of risk.

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.

Florida Appellate Court Explains Pleading Requirements in Recent Slip and Fall Case

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

Slip and fall accidents can lead to serious and long-term injuries. If you have been injured in a slip and fall accident on someone else’s property, you may be able to seek compensation for losses that are a direct result of the accident. Our experienced and reliable Miami premises liability attorneys will examine your case to determine your rights and options following a fall.

A Florida appeals court recently issued an opinion in a Florida slip and fall case explaining pleading requirements under state law and discussing whether the plaintiff’s complaint adequately alleged a claim against the defendant. The court held that the plaintiff’s complaint sufficiently alleged a cause of action and reversed the lower court’s decision, permitting the plaintiff’s claim to move forward to trial.

The facts of the case are as follows. The plaintiff was at a local library making copies at a photocopier when she tripped and fell over the bottom drawer of the photocopier. She alleged that the bottom drawer suddenly flew wide open causing her to trip and fall on both knees despite her attempt to prevent the fall. The plaintiff sued the library arguing that the library owned the photocopier and, thus, had a duty to maintain the machine so it was safe for patrons to use. The trial court held that the complaint failed to state a cause of action and dismissed the case.

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.

Florida Jury Holds Domino’s Pizza Accountable for Fatal Crash Caused by Delivery Driver

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

Motor vehicle accidents happen all the time in Florida and across the US. However, these accidents can instantly become more complicated when one of the parties is a delivery driver. In these cases, liability can extend to the employer, in addition to the person behind the wheel. If you have been injured in accident involving a delivery driver or a commercial vehicle, our Miami injury attorneys can examine the facts of your case and help you understand your rights.

In a recent case, a Florida state jury recently awarded almost $9 million against Domino’s Pizza for the injury and death of a driver in a 2011 crashed caused by one of the restaurant’s delivery drivers. The accident took place when the other driver, a retired Brevard County fire chief, allegedly swerved to avoid hitting the delivery vehicle which had pulled in front of his car, and ended up hitting a median before going back across the roadway and overturning. The wreck rendered the retired fire chief a quadriplegic and he died from injury-related complications one year later. The man’s wife sued and named the franchise’s parent company, Domino’s Pizza, as a defendant.

At trial, Domino’s Pizza argued that it was not at fault because the delivery driver worked for an independent business (i.e., the franchise) and, thus, was not an agent of the parent company. The defense pointed to, among other things, the franchise’s autonomy in being able to hire and fire people. The victim’s lawyers, however, told jurors that Domino’s was indeed an agent of the corporation and was liable because it maintained a right of control over the franchise. The attorneys pointed to a variety of restrictions that extended down to the delivery drivers who, among other things, were prohibited from using radar detectors or carrying more than $20 in cash.
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Report Finds Hialeah Has Least Safe Drivers in Florida

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

A car accident can change your life. If you suffered an injury in a car accident, our Miami car accident lawyers can meticulously examine your situation and advise you of which Florida laws apply in your case. In the wake of a collision, having the right legal advocate on your side can make all the difference in your financial recovery. Having helped countless clients, we recognize how an accident can touch virtually every aspect of your life, which is why we will fight to get you full and fair compensation.

The annual Allstate America’s Best Drivers Report was recently released identifying which of the 200 largest US cities have the safest drivers. According to the report, Cape Coral was ranked as the 10^thsafest city in 2019. Port Lucie came in 14^thplace whereas Tallahassee ranked 42^nd, St. Petersburg ranked 49^th, Miami ranked 57^thand Fort Lauderdale ranked 62^ndas among the safest cities on the list. Ranking lowest on the list was Hialeah at 125^thplace, making it the city with the least safe drivers in all of Florida. The report found that Hialeah drivers average just over 8 years between traffic accidents, and drivers in the city stand more than a 25 percent chance of getting into an accident than the national average.

Car accidents can lead to a number of serious and life-altering injuries, including:

Traumatic brain injuries;
Spinal cord injuries;
Back and neck injuries;
Loss of limbs;
Broken bones;
Burn injuries;
Nerve or organ damage; and/or
Death.

Florida Accident Victim Wins Award for Past Pain and Suffering But Not Future Damages

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

Car accidents can turn your life upside down in an instant. If you have suffered injuries in an auto accident that you believe were caused by someone else’s error or carelessness, we can help you. Our Miami car accident lawyers will look into the cause of your accident and help you recover the damages you need to move on with your life.

Florida car accident cases can be complicated. Last month, a Florida appellate court held that that a jury’s zero-dollar award for the plaintiff’s claim of past non-economic damages was legally inadequate since it was inconsistent with the jury’s conclusion that the plaintiff sustained harm that necessitated medical treatment.

The facts of the case are as follows. After visiting a grocery store, the plaintiff stopped his car at a red light. At that time, the defendant made an illegal left turn into the intersection striking a vehicle, which then hit the plaintiff’s car. The plaintiff did not obtain medical treatment at the scene, and he did not visit a hospital after the wreck.

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.