South Florida Injury Lawyer Blawg

Tesla’s Automatic Lane-Changing Feature may be Unsafe

Published on: June 26, 2019 | by Law Offices of Robert Dixon

Even with the latest technology, autopilot features on electric cars can fail or not work properly. If you’ve been injured due to a faulty Tesla Autopilot feature, you need to retain an experienced Miami injury attorney who can fight for your rights. Our firm has the time and resources to build the strongest possible case on your behalf so you can recover the compensation you need to move on with your life.

According to a recent study by Consumer Reports, the Tesla Autopilot feature that was updated recently can do automatic lane changes without human assistance. However, when the feature was tested, the results were not entirely safe. Testing the Tesla Model 3, Consumer Reports found that the automatic lane change was often done in a dangerous manner such as cutting off cars in the other lanes. In some cases, the individuals performing the tests had to take control of the vehicle due to fears of getting into an accident. The rearward facing cameras apparently could not detect fast approaching vehicles in the other lanes. As such, the autopilot would believe that a lane change was safely possible when, in fact, it was not. It is possible that the camera sees the other vehicles but it is not processing them correctly. Or, the camera may not be able to ascertain the speed of the cars moving in the other lanes; thus, miscalculating the viability of a safe lane change.

When a dangerous or defective product injures an unwary consumer, one or more of the manufacturers, designers, wholesalers, retailers or even maintenance companies may be considered legally liable. For instance, if you have been injured due to a defective Tesla autopilot feature, you may be able to hold the manufacturer responsible. Manufacturers have a duty and legal obligation to put products in the market that are safe for consumers. Failure to do this could lead to manufacturers being held accountable through a products liability lawsuit. This type of claim is designed to hold manufacturers accountable for putting a faulty product into the stream of commerce. In cases involving safety features, we will consult renowned auto safety experts who can speak to exactly what went wrong.
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Study Finds that Small, Used Cars Are the Most Dangerous When it Comes to Fatality Rates

Published on: June 26, 2019 | by Law Offices of Robert Dixon

Depending on the severity, auto accidents can have catastrophic consequences. These accidents can happen for a number of reasons, ranging from driver negligence to a defective car part. If you were harmed in a car accident caused by someone else’s carelessness or error, you should consult a trustworthy Miami car accident attorney who can preserve your legal rights. We will thoroughly examine the circumstances of your accident and assist you in pursuing the maximum possible compensation following a crash.

A recent study from iSeeCars, a used car search site, found that passenger deaths from car accidents are more likely to happen in some vehicles than others. Using fatal accident reports from the National Highway Traffic Safety Administration for automobiles in the model years of 2013-2017, as well as data on 25 million used cars in the U.S. Fatality Analysis Reporting System, the report found that small cars and sports cars are the deadliest on the road. In fact, deaths occur two to four times more often in certain sports cars and small vehicles. One possible reason for this may be the lack of active safety features in these vehicles.

The study ranked a list of automobiles with the greatest number of occupant deaths per billion miles driven. Mitsubishi Mirage topped the list at 10.8, followed by the Chevrolet Corvette (9.8), Honda Fit (7.7), Kia Forte (7.4), and Chevrolet Spark (7.2), with the average for all automobiles being 2.6. A total of 14 models had death rates that were twice the average or above.

Pedestrian Walking Along I-95 Hit and Killed by Car

Published on: June 26, 2019 | by Law Offices of Robert Dixon

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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Motorcyclist Killed Following a Crash in Cocoa

Published on: June 26, 2019 | by Law Offices of Robert Dixon

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.

New Florida Law Makes Texting and Driving Illegal

Published on: June 26, 2019 | by Law Offices of Robert Dixon

On highways and other roads throughout Florida, drivers often pay more attention to their phones than the road, causing accidents that result in serious injuries. In the worst cases, these accidents lead to death. If you or someone close to you has been hurt or killed in an accident caused by a driver who was texting and driving, our seasoned Miami car accident attorneys can help you pursue the compensation that you are entitled to receive. With extensive experience in Florida personal injury law, we will see to it that your rights are protected at every stage of the legal process.

In May, Governor Ron DeSantis signed the “Wireless Communication While Driving” bill into law, which makes texting behind the wheel a primary offense carrying a punishment of a fine. Prior to this bill, officers could only issue citations to people texting and driving if they were stopped for another traffic violation. Beginning July 1, however, police officers can stop drivers solely for texting and driving. Even though the law goes into effect next month, the Florida legislature is giving drivers some time to adjust to the latest law. As a result, police officers will only give warnings to people pulled over for texting and driving until January 2020, at which point they can begin writing citations. A first offense carries a punishment of a $30 fine, and a second offense costs $60.

An individual who operates a motor vehicle and texts at the same time threatens the safety of others on the road. If you have been injured as a result of a distracted driver, you may be able to recover compensation by filing a personal injury claim in a Florida civil court. Most personal injury claims are rooted in the theory of negligence. To demonstrate negligence, the plaintiff is required to prove the following elements:

Florida Court Examines Admission of Prior Similar Incidents as Evidence of Negligence

Published on: June 26, 2019 | by Law Offices of Robert Dixon

A car accident can change your life in an instant. If you have been injured in a car wreck that was not your fault, you need to contact a skilled and experienced Miami auto accident attorney as soon as possible. At the Law Offices of Robert Dixon, we are committed to protecting the rights of car accident victims throughout South Florida. We strongly believe that you should not have to deal with the burden of medical bills, car repair expenses and the cost of missing work because of someone else’s carelessness.

In a recent opinion, the plaintiff was driving on a dark road around 4:45 a.m. when he struck cows that were on the road. The nearby gate that enclosed the cows pastures was discovered to be open. The plaintiff sued the landowner under the Warren Act, which imposes liability on owners of livestock for injuries caused by the livestock wandering onto public roads due to the owner’s negligence. In the case at hand, the plaintiff argued that the landowner was negligent for allowing his cows to escape their enclosure and wander onto a public road. The plaintiff sought damages for pain, disability, disfigurement, mental anguish and loss of income, arguing that the accident would not have taken place had the landowner locked the pasture gate.

At trial, the lower court excluded evidence of a prior incident in which the cows escaped because the facts of the prior case were not substantially similar to this case. Rather, the trial court found that the prior breakouts were prompted by hurricanes, hunters and fallen trees – not by an unlocked or unlatched gate. The jury found that the defendant was not liable and the plaintiff appealed.

Miami Woman Killed in Accident Caused by Tesla Driver Running a Stop Sign

Published on: June 26, 2019 | by Law Offices of Robert Dixon

Disregarding a stop sign can lead to serious, even deadly accidents. If you’ve been injured or lost a loved one in a crash caused by a driver’s stop sign violation, please contact us as soon as you can. At the Law Offices of Robert Dixon, our Miami car accident attorneys will investigate the facts of your case; figure out the best way to establish fault, and help you get the compensation you deserve in your case.

Last week, a Tesla driver blew through a stop sign at a Florida Keys intersection causing a deadly accident. The Tesla ran the stop sign, hit the side of a parked pickup truck causing the truck to spin out of control. When the truck lost control, it ended up striking a man and woman who were standing beside it. The impact of the collision threw the woman about 20 feet into the woods, ultimately killing her, according to the Florida Highway Patrol (FHP). The Tesla finally came to a stop after rolling into some branches, the FHP noted in their report.

Stop signs are put on roads to control the flow of traffic and minimize the risk of accidents. All drivers behind the wheel have a duty to follow traffic laws and make sure they are operating their motor vehicle in a reasonably safe manner. Under Florida law, you must bring your vehicle to a full stop at an intersection with a stop sign. The driver must stop at the designated stop line or crosswalk. If there is no designated line, the driver is required stop as soon as the driver can see crossing traffic. Once the vehicle is stopped, the driver should look both ways and then proceed forward when it is safe to do so.

Horse and Carriage Ride Accidents in Florida

Published on: June 26, 2019 | by Law Offices of Robert Dixon

Florida attracts many tourists from across the country and even around the world each year. The state offers amusement parks, beaches, golf courses, desirable shopping, and much more. Many people hire professional tours to explore their areas of interest. Some companies offer horse and carriage tours that allow individuals to sightsee and learn about specific parts of towns. While most of these rides take place without incident, the reality is that accidents do happen. If you or someone close to you has been injured in a Florida horse and carriage ride accident, you need to speak to a skilled Miami injury attorney who can help.

In most cases, open carriages do not have seat belts. In the event of an accident with a motor vehicle, there is little protection for the passengers, who could be ejected from the carriage, suffering severe injuries. In other cases, when the carriage overturns due to an accident, passengers inside may be pinned down and suffer crush injuries from the weight on top of them. In addition, passengers who fly out of the carriage could end up being trampled by the horses pulling the carriage.

In Florida, horse and carriage accidents are evaluated according to the same standards as an automobile accident. As a result, horses and carriages must follow traffic laws and operate in a manner that does not endanger others on the road. Fault in horse and carriage accident cases will be determined using the legal theory of negligence. Negligence takes place when a party causes injuries or death by failing to use the level of care that a reasonably prudent party would have used under the same or similar circumstances. For example, if a horse and carriage overturns because the carriage driver fails to make a U-turn properly, the driver will likely be liable, along with the company that operated the horse-drawn carriage. On the other hand, if a horse and carriage accident was caused by a car driver rear-ending the carriage, that car driver will likely be liable for any resulting harm.

Injuries at Religious Places in Florida

Published on: June 26, 2019 | by Law Offices of Robert Dixon

People get injured in all sorts of places, including places of worship. If you or someone close to you has been injured at a church, mosque, synagogue, temple, or other religious place, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our skilled Miami premises liability attorneys can scrutinize the facts of your accident and help you understand your legal rights and options.

The Occupational Safety and Health Administration estimates that slip, trip, and fall accidents account for 15 percent of all accidental deaths in the United States, which puts them in second place behind auto accidents. Unfortunately, these accidents can happen at places of worship due to a variety of hazardous conditions on the property, such as uneven surfaces, slick surfaces due to spilled liquids or recent cleaning, trash or debris on the floor, poor lighting that can lead to poor visibility, having no handrail present when it was needed, and loose floorboards, rugs, or mats, especially on stairs.

Places of worship are not immune from lawsuits. Most of these places operate like a business with a hierarchy consisting of officials, employees, and a number of volunteers. As a result, most worship houses carry liability insurance.

Florida Court Clarifies Drug and Alcohol Defense in Motorcycle Crash Case

Published on: June 26, 2019 | by Law Offices of Robert Dixon

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.”