South Florida Injury Lawyer Blawg

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.

Court Clarifies what “Surviving Spouse” Means in Florida’s Wrongful Death Statute

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

If you have lost a loved one in an accident caused by someone else’s negligence, you may be able to sue the at-fault party. At the Law Offices of Robert Dixon, we will examine the facts of your case and provide you with an honest evaluation of your claim. While no amount of money in the world can fill the void of losing your loved one, it can help cover some of your bills so you can focus on healing.

The Case

In Domino’s Pizza v. Wiederhold, the Fifth District Court of Appeal ruled that a surviving spouse who had married the decedent after the date of injury, which ultimately led to his death, was still eligible to recover damages as a statutory survivor under Florida’s Wrongful Death Act.

In this case, a couple was engaged when they got into a life-changing car accident in which the vehicle overturned several times before landing in a ditch. The man suffered such serious injuries that he was rendered a quadriplegic. The woman did not suffer any serious injuries. The man filed a personal injury claim against the at-fault driver as well as Domino’s and the franchisee owner.

Florida Court Holds Gross Negligence Claim Not Barred by Liability Release Waiver

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

If you have been injured and you believe you cannot sue the at-fault party because you signed a liability waiver, you need to speak to a seasoned Miami injury attorney about your legal rights and options. At the Law Offices of Robert Dixon, we understand that waivers are not always enforceable and will do our best to make sure you get the justice and compensation you deserve for your harm.

Many businesses require people to sign a liability waiver before allowing them to partake in certain activities. A liability waiver is a type of form that releases a party from liability for harm or damage that might take place under contract. In other words, the individual signing the contact “waives” his or her right to hold the other party liable for injury or losses. These agreements are common in a wide range of activities, from go karting to white water rafting. It is important to note that just because you signed a waiver does not necessarily mean you will be barred from suing in the event of an accident or injury. The general rule is that while waivers of liability can insulate businesses from liability of acts for negligence, they cannot insulate from gross negligence. A waiver may be unenforceable for a number of other reasons as well.

A Recent Florida Case Involving a Liability Release Waiver

A Florida appeals court recently discussed the parameters of a liability release waiver and if such an agreement could preclude a plaintiff from pursing a claim of gross negligence against the at-fault party. In this case, a woman signed a release and waiver of liability and assumption of risk agreement to access a restricted area of a speedway. During the race, she was killed when a tow truck backed over her. The plaintiff filed a wrongful death lawsuit against the speedway. The trial court found that the release agreement barred the lawsuit, finding that it only applied to gross negligence and pointed out that no gross negligence took place in this case.

Liability Under Florida’s Dangerous Instrumentality Doctrine

Published on: February 8, 2019 | by Law Offices of Robert Dixon

Workplace accidents injure countless Floridians every year. If you have been injured in a workplace accident, our experienced Miami personal injury attorneys can help you figure out your next steps. Sadly, not all workers are covered by workers’ compensation. Whether you were an employee or an independent contractor at the time of the workplace accident, we will meticulously analyze the circumstances surrounding your injury and determine an appropriate legal strategy accordingly.

Construction Loaders Considered “Dangerous Instrumentalities” in Florida

Earlier this year, the Florida Supreme Court quashed a lower court’s decision in support of Caterpillar Financial Services Corp. in a case involving a multi-terrain loader that cut off a construction worker’s middle finger. The plaintiff was clearing debris from a private residential lot. While attempting to transport a tree stump into the disposal trailer, he was inside of the vehicle trying to consolidate the debris. His colleague was unaware that the plaintiff was inside of the disposal trailer and as the plaintiff tried to get out of it, the stump went over his hand, severing his middle finger.

The plaintiff sued his employer, claiming that the construction loader falls within the dangerous instrumentality doctrine. Under Florida law, individuals who have suffered harm due to a “dangerous instrumentality” are permitted sue the person or entity that owns the instrumentality for damages. In other words, Florida’s dangerous instrumentality doctrine creates a law, which states that the owner of an inherently dangerous tool is legally responsible for any injury or harm caused by that tool’s operation. As such, whether the loader was a dangerous instrumentality was a central question in the case.

Patient Suffers Liver Failure due to Alleged Malpractice

Published on: February 8, 2019 | by Law Offices of Robert Dixon

We trust medical professionals to provide competent care. Unfortunately, patients do not always receive the care that they deserve. If you have suffered as a result of inadequate medical treatment, our skilled Miami medical malpractice attorneys can help. We understand that medical mistakes can have long lasting, even permanent consequences for a person’s life. At the Law Offices of Robert Dixon, we are prepared to vigorously advocate for your rights every step of the way.

A 14-year-old girl went through a kidney transplant after having been diagnosed with end-stage renal failure. The girl filed a malpractice claim against two of her treating physicians and the hospital. According to the girl’s pediatric nephrology expert, the fact that the girl had suffered recurring urinary tract infections since she was a baby, coupled with her high creatinine levels, should have been red flags indicating kidney impairment that her doctor should have taken seriously.

In addition, the expert stated that the hospital negligently based the girl’s lab results on adult values as opposed to child values, and miscommunicated these values as adult values to the girl’s doctor. The jury ruled in favor of the plaintiff and one of the treating physicians was found 85 percent liable, while the hospital was deemed to be 15 percent liable. The other physician was not found liable at all.

Driving With Fewer Than 7 Hours of Sleep Increases Risk of Accident, Study Finds

Published on: February 8, 2019 | by Law Offices of Robert Dixon

Sadly, drowsy driving is a factor in thousands of traffic fatalities and injuries every year. If you been injured in an accident caused by a drowsy driver, you need to reach out to a seasoned Miami personal injury attorney without delay. At the Law Offices of Robert Dixon, we have handled numerous South Florida cases involving drowsy driving and can apply our experience and knowledge to your legal claim.

The Study

A recent study published in the journal SLEEP reveals that individuals who have slept fewer than seven hours in the past 24 hours have an increased chance of getting into and causing car crashes. The highest risk is for drivers who have slept fewer than four hours. While there is a way to measure a person’s blood alcohol content if he or she is suspected of driving under the influence, there is no way to figure out if a person has slept enough prior to getting behind the wheel. Driving while a person is sleepy, also known as drowsy driving, can significantly increase the risk of making errors and reducing reaction times. According to the National Highway Traffic Safety Administration, approximately 800 deaths were the result of drowsy driving last year.

Liability for Drowsy Driving Accidents

Accidents resulting from drowsy driving are more common than you may think. If you or a loved one was injured in an accident caused by a drowsy driver, you may be able to obtain compensation through a negligence claim. Negligence takes place when someone acts in a careless way and causes an injury to another person.

Florida Court Discusses Use of Circumstantial Evidence in Auto Accidents

Published on: January 30, 2019 | by Law Offices of Robert Dixon

Car accidents happen daily in Florida and across the United States. If you or someone close to you has been injured in an auto accident that was not your fault, please a contact a seasoned Miami car accident attorney as soon as possible. At the Law Offices of Robert Dixon, we are dedicated to helping South Florida clients obtain the justice and compensation they rightfully deserve.

Establishing Liability After a Car Accident

When it comes to determining fault in an accident, some cases are simple while others are complex. In the vast majority of auto accident cases, the legal concept of ‘negligence’ is used to establish fault. Negligence takes place when an accident is the result of someone failing to use the level of care that an ordinarily prudent person would have used behind the wheel under the same circumstances.

Using Circumstantial Evidence

In a recent car accident case, a Florida court upheld a jury’s decision for a plaintiff who sustained serious injuries after her vehicle was rear-ended by a van while stopped in traffic on a bridge. In this case, the court needed to make a determination about whether the plaintiff’s case wrongly relied on stacking a number of inferences since her evidence was circumstantial. The court held that the plaintiff’s case did not rely on the wrongful or inappropriate stacking of inferences and affirmed the lower court’s decision favoring the plaintiff.

How Florida Stacks Up on Drunk Driving Statistics Compared with Other States

Published on: January 30, 2019 | by Law Offices of Robert Dixon

Every accident that is caused by a drunk driver is an accident that should never have happened in the first place. A drunk driver’s careless decision to get behind the wheel while intoxicated puts everyone on the road at risk of harm. If you or a family member has been injured in an accident caused by a drunk driver, you need to contact a caring, compassionate and competent Miami injury attorney who can help. At the Law Offices of Robert Dixon, we are dedicated to holding drunk drivers accountable for the injuries and losses they cause.

Florida Statistics

According to a Mothers Against Drunk Driving (MADD) rating, Florida ranks 14th in the nation for the number of drunk driving traffic fatalities. 26% of fatal auto accidents in the state are associated with drunk driving, and 841 individuals died as a result of driving under the influence in 2016. The Centers for Disease Control and Prevention has compiled data over a longer timespan, noting that 8476 people died in Florida vehicle accidents that involved a drunk driver between 2003 and 2012. While the national percentage of adults who reported driving after drinking too much over one thirty-day period in 2012 was 1.9, respondents from Florida clocked in at 2.1%, a troubling result, given how many people are expected to be driving on state roads throughout the upcoming holiday season.

Distracted Driving Increases Likelihood of Severe Injury or Death in Florida and Throughout the US

Published on: January 30, 2019 | by Law Offices of Robert Dixon

When a driver is distracted, their judgment and reaction time are compromised. Unfortunately, distracted driving has become one of the leading cause of auto accidents in Florida and across the US. If you were injured by a distracted driver in Florida, you deserve compensation. At the Law Offices of Robert Dixon, our experienced Miami personal injury attorneys recognize how difficult it can be to cope with a car accident and we are committed to providing you sound legal advice every step of the way.

A recent study conducted by researchers at the Risk Institute reveals that accidents triggered by distracted driving tend to be more serious than others, and their severity also depends on the type of setting in which they take place. Specifically, the study determined that distracted driving wrecks increased the chances of a crash leading to severe injury or death when compared with other types of accidents, especially those distraction-related collisions involving rear-end accidents in construction zones or on highways. The study analyzed 1.4 million police records obtained from the Ohio Department of Transportation for crashes that occurred between the years of 2013 and 2017.

Distracted Driving Accidents

Distracted drivers put everyone on the road at risk of harm. Individuals who are injured or have lost a family member due to distracted driving have a right to sue for damages under Florida law. In Florida, texting while driving is illegal. The fact that a driver was texting while driving may be used as evidence to show a driver was negligent as a matter of law. Also known as the negligence per se rule, this legal doctrine allows a plaintiff to establish negligence merely by showing that the driver violated Florida’s cellphone law, which is a shortcut when compared to a traditional negligence claim that requires proving many more elements.

Recent Report Suggests Florida Can do More to Prevent Elder Abuse

Published on: January 30, 2019 | by Law Offices of Robert Dixon

Elder abuse is a major problem in Florida and across the country. Discovering your loved one has been the victim of elder abuse is a devastating and emotional event. If this has happened to your loved one, you need to reach out to a reputable and hard-working Miami nursing home negligence attorneys as soon as possible. At the Law Offices of Robert Dixon, we understand how difficult these situations can be, which is why we will handle your case with the utmost compassion. You can rest assured that we are dedicated to helping vulnerable adults getting the justice and compensation you deserve.

A recent report suggests that Florida can do more when it comes to protecting its seniors from elder abuse. The study, conducted by Wallethub, compared all 50 states as well as the District of Columbia based on a variety of factors, such as share of elder abuse, gross neglect and exploitation grievances and the presence of financial elder abuse. Florida ranked 22^ndon the overall list and ranked 51^stin the total number of eldercare establishments and services. It also ranked last place in the total funding for long-term care Ombudsman-Programs.

Elder Abuse