South Florida Injury Lawyer Blawg

Saturday is the Most Dangerous Day of the Week to Drive in Florida

Published on: June 15, 2018 | by Law Offices of Robert Dixon

If you or a loved one has been injured in a car accident that was not your fault, you need to seek the help of a seasoned Miami car accident attorney who can help. At our Law Offices, we are dedicated to providing personalized attention throughout the entire legal process.

A new report released by a legal referral site, which analyzed data from the National Highway Traffic Safety Administration (NHTSA), found that Saturday is most dangerous day of the week to drive. The safest day to be on the road, according to the report, is Tuesday. The analysis found that 6,802 people were killed on Saturday out of the 37,461 road deaths that took place in 2016. That was 53 percent higher than the 4,444 deaths that occurred on a Tuesday. The second and third deadliest days on the road were Friday with 5,826 deaths and Sunday with 5,809 deaths. The report also found that the afternoon rush hour period is actually more dangerous than the morning commute.

There could be a number of reasons for this trend. More people tend to be on the roads during the weekends, and drivers are also potentially more careless during these times. Drunk driving seems to be a major reason. NHTSA data reveal that 28 percent of all traffic fatalities in 2016 involved drivers with blood alcohol concentrations of 0.08 percent or higher, the legal limit in Florida and throughout the country. More drunk driving deaths take place on the weekend and at night. Speeding was another major factor in car crash-related deaths.

Toll Plaza Crash in Florida Sends Man Through the Air

Published on: June 15, 2018 | by Law Offices of Robert Dixon

When a driver chooses to get behind the wheel despite being extremely tired or sleepy, that driver puts everyone else on the road at risk. If you have been injured due to the negligence of a drowsy driver, you need to speak with an experienced Miami car accident attorney. At our Law Offices, we are committed to representing clients who have been hurt or have lost a loved one in a car accident caused by drowsy driving.A shocking surveillance video released by the Florida Highway Patrol shows an SUV speeding into a toll plaza, sending one of the passengers flying through the air and into a tollbooth. The man miraculously survived, although the full extent of his injuries is not known. He was not wearing a seatbelt at the time of the crash. The accident took place near St. Cloud in Osceola County at around 7:15 am on June 3. The Cadillac shown in the video was approaching the tollbooth at full speed when it crashed into a barrier, causing a man to be ejected from the vehicle.

Police believe the accident took place because the driver of the car had fallen asleep. There were 5 passengers in the car, and all of them survived after being rushed to a nearby hospital for their injuries. The Florida Highway Patrol says it released the video to warn others about the dangers of not wearing a seatbelt as well as the risk of harm associated with drowsy driving.

Drowsy driving, also sometimes known as fatigued driving, is a deadly problem in Florida and throughout the country. According to the National Highway Traffic Safety Administration (NHTSA), there were 846 fatalities involving drowsy driving in 2014. Furthermore, NHTSA data reveal that drowsy driving causes 56,000 automobile crashes on an annual basis. Earlier this year, a study conducted by the AAA Foundation for Traffic Safety found that drowsy driving is a factor in almost 10 percent of crashes nationwide.

Single-Car Accidents in Florida

Published on: June 15, 2018 | by Law Offices of Robert Dixon

Single-vehicle accidents can lead to serious and lifelong injuries that can be extremely costly to treat. If you have been injured in a single-vehicle crash, you may be entitled to compensation. At our Law Offices, our Miami car accident lawyers can help you understand your options and figure out how to proceed in your case. While our goal is to settle every case in a timely manner, we are prepared to vigorously advocate for you at trial if necessary.

Last month, a Lake City woman died in a single-car crash when the car crossed over the road’s shoulder and hit a culvert. Upon impact, the car flipped a number of times and ultimately landed on its roof. The woman inside was ejected from the car and died at the scene of the crash. Three others in the car suffered serious injuries. Each of the passengers was wearing a seatbelt at the time of the accident except for the woman ejected from the car.

Unfortunately, single-car accidents are quite common. According to the Insurance Institute for Highway Safety, approximately 55 percent of motor vehicle crash deaths in 2016 occurred in single-vehicle crashes. In Florida, there were 1,670 deaths caused in single-vehicle crashes in 2016, making up 53 percent of the total accident deaths in the state. A single-vehicle accident is a type of road accident in which only one vehicle is involved.

Florida Lawmakers Reconsider Personal Injury Protection Insurance

Published on: May 2, 2018 | by Law Offices of Robert Dixon

Car accidents are the leading cause of death and serious injuries in Florida. Unfortunately, these accidents are commonplace and can happen to anyone at any time. If you or someone close to you has been injured in a car accident, you need to speak to a skilled Miami auto accident attorney who can analyze your case. At the Law Offices of Robert Dixon, we can examine what happened at the time of your accident and figure out all of your options, including which insurance claims you may be able to make.

During the upcoming legislative session, the Florida senate will determine the merits of repealing Florida’s requirement for drivers to carry personal-injury-protection (PIP) insurance. For a long time, PIP has been mandatory for Florida drivers and is a facet of car insurance that covers medical bills, lost wages, and other damages. Every driver is required to carry at least $10,000 in coverage. The policy is designed to limit lawsuits from auto accidents. Florida is one of 10 states to require drivers to carry PIP insurance.

When you get into a car accident in Florida, you have to file a claim with your own PIP insurance for your injuries resulting from the accident. However, if the injuries are severe and permanent, you can file a claim against the other driver and, in some cases, a lawsuit. Auto accident lawsuits are rooted in the theory of negligence. Negligence occurs when a person causes an accident and resulting injuries due to carelessness, recklessness, or misconduct behind the wheel. Put simply, when a driver causes an accident because he or she failed to act as a reasonably prudent driver would have acted in the same or similar circumstances, that driver will likely be liable.

Pigs Wander Along Florida Highway After Truck Accident

Published on: May 2, 2018 | by Law Offices of Robert Dixon

Truck accidents can have devastating consequences for everyone involved. If you or someone close to you has been injured in a crash caused by a truck driver’s negligence, you may be entitled to compensation. At the Law Offices of Robert Dixon, our Miami truck accident attorneys can analyze the facts of your case and help you understand your legal rights and options. With years of experience, we understand how to navigate these types of cases.

Last month, on Thanksgiving morning, a truck crash sent pigs wandering on I-95 in St. Johns County when a semi-trailer carrying them collided with another truck. Upon impact, the truck carrying the pigs overturned, causing the animals to escape onto the shoulder of the highway. The second truck continued down the right side of the highway for approximately 1,000 feet before it partially rolled over as well. The accident took place just before 4 a.m. in a muddy area, which was made worse by rainfall. Miraculously, no one was injured in the accident, but the Florida Highway Patrol warned drivers to use extra care on the highway, due to the possibility of loose livestock. This is not the first time that pigs or other livestock have been left wandering the streets after an accident, and, unfortunately, it probably will not be the last.

Unfortunately, truck accidents are more common than you may think. In 2015, a total of 3,852 people were killed in large truck crashes, according to the Insurance Institute for Highway Safety. About 16 percent of these deaths were truck occupants; 69 percent were occupants of cars and other passenger vehicles; and 15 percent were pedestrians, bicyclists, or motorcyclists.

Lane Departure Accidents in Florida

Published on: May 2, 2018 | by Law Offices of Robert Dixon

Drivers of motor vehicles have a legal obligation to drive safely, which includes following traffic laws. This obligation includes determining that a movement, such as changing lanes, can be made without endangering others. If you or someone close to you has been injured in an accident caused by an improper lane departure, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our Miami car crash attorneys can analyze the facts of your case and help you determine your legal rights and options.

Any time a car veers out of its designated lane, there is a significant risk that an accident will occur. Unfortunately, lane departure accidents are more common than you may think. According to the American Association of State Highway and Transportation Officials, approximately 25,000 fatalities are caused by lane departure crashes each year. In fact, the Federal Highway Administration found that over 18,000 individuals died in lane departure crashes in 2013 when a driver left his or her lane and either crossed the center line into oncoming traffic or went off the edge of the road altogether. A lane departure accident can happen for any number of reasons, including but not limited to:

Excessive speeding;

Car Accidents Caused by Brake Failure in Florida

Published on: May 2, 2018 | by Law Offices of Robert Dixon

While they are not common, accidents caused by faulty brakes do happen in Florida and across the United States. When these accidents happen, they can lead to devastating accidents, seriously injuring and even killing those involved. Whether an accident occurred because your brakes failed or because the brakes failed on the vehicle that hit you, we can help. At the Law Offices of Robert Dixon, our Miami car accident attorneys can evaluate every available legal option to make sure you are fully compensated for the injuries that you suffered.

Brake failure is difficult to prove. Much of the time, evidence in these cases will be circumstantial, so it is important to document everything after a wreck. One of the most challenging aspects of a brake failure claim is identifying each potentially liable party. In some cases, the owner of the vehicle may be considered negligent if he or she knew a brake replacement was due but failed to get one. Negligence takes place when a person causes an accident and injuries by failing to act how a reasonably prudent person would have acted in the same or similar circumstances. For example, a reasonably prudent person would get the brakes changed if that person had been alerted to the fact that the brakes needed replacement. As a result, someone who causes an accident in this way would likely be responsible for any resulting harm.

In other cases, the auto shop could be liable for the negligent repair of the vehicle. Again, a lawsuit against an auto shop would be based on the theory of negligence. The relevant question would be: would another auto shop using reasonable care have done the same thing as the defendant auto shop? If the answer is no, the defendant auto shop will likely be liable.

“Serious Injuries” in Florida Personal Injury Cases

Published on: May 2, 2018 | by Law Offices of Robert Dixon

When accidents take place, the risk of being injured is quite high. While some injuries are minor, and individuals can make a full and speedy recovery, in other cases, injuries stemming from auto accidents can result in life-changing disabilities. If you or someone close to you has been injured in an accident caused by someone else’s negligence, you can recover compensation for your harm. At the Law Offices of Robert Dixon, we are here to guide you through the legal process. We understand that this is a stressful and difficult time for you and your family, which is why we will handle your case with the utmost compassion.

Under Florida’s personal injury liability law, you are not liable for another person’s bodily injuries even if you caused the car accident unless those injuries meet a certain threshold. If the injuries do not meet the legal threshold, the injured party cannot recover compensation for any pain and suffering or non-economic damages associated with those injuries. This is because Florida drivers must carry $10,000 in personal injury protection coverage, and the idea is that this policy will pay for medical expenses, lost wages, travel expenses, and other out-of-pocket costs that may arise from auto accidents. This coverage kicks in first, irrespective of who caused the accident.

Under Fla. Stat. Ann. Section 627.737, if a person sustains one of the following types of injuries in a motor vehicle accident, the “threshold” standard will be met:

Florida Appeals Court Address Lost Wages Issue in Car Accident Case

Published on: April 26, 2018 | by Law Offices of Robert Dixon

Medical expenses, lost wages, and property damage are just some of the damages that a personal injury plaintiff would typically be entitled to receive after an accident. Every accident is different, and the amount of damages a plaintiff will be entitled to receive will vary based on the specifics of the case. If you have been injured in a car accident caused by someone else’s negligence, our skilled Miami car accident attorneys can help you determine the appropriate amount of damages in your case. With years of experience, we understand how to navigate these types of claims in an effective and efficient manner.

In a recent ca se, the plaintiff got into a car accident with the defendant. The defendant admitted that he caused the crash but disputed that the accident caused the plaintiff’s permanent injuries.

At trial, the plaintiff’s pain management physician testified that the plaintiff would require palliative care that would cost between $525,000 and $850,000. The plaintiff’s orthopedic surgeon testified that while the plaintiff’s condition was stable, cervical surgery would help increase the plaintiff’s functional capacity and quality of life. The cost of cervical surgery can be between $90,000 and $120,000. He also stated that if the surgery was not entirely successful, a follow-up lumbar surgery might be needed that would cost between $60,000 and $90,000. The plaintiff also sought lost wages, testifying that she was afraid of losing her job due to her injury.

Dump Truck Accidents in Florida

Published on: April 26, 2018 | by Law Offices of Robert Dixon

If you have been injured in a dump truck accident, you may have suffered serious injuries for which you may be able to receive compensation. At the Law Offices of Robert Dixon, our skilled Miami truck accident attorney can review your case and prepare all of the documents needed to move you through the legal process. We understand this is a stressful time in your life, which is why we will try to make the process as seamless as possible for you.

Earlier this month, a 20-year-old man was fatally struck in Tampa after he walked in front of a dump truck. According to the Hillsborough County Sheriff’s Office, a dump truck was about to turn left on a green left turn arrow. As the truck was approaching the intersection, the pedestrian attempted to cross the street but was not within a crosswalk. As he stepped onto the street, he was hit by the truck and died at the scene of the accident. An investigation into the accident is ongoing.

A dump truck refers to a truck with a body that tilts or opens at the back for unloading. These trucks are typically used for transporting loose material, such as sand, gravel, or demolition waste, for construction. Due to the size, shape, and weight (weighing up to 60,000 pounds) of dump trucks, these vehicles pose distinct hazards to others on the road. Additionally, dump trucks have a higher center of gravity, putting them at a higher risk of tipping over. According to one survey of over 22,000 trucks involving fatality accidents, dump trucks have the highest fatality rate of any type of commercial truck. In fact, per 100 million miles traveled (MMT), these trucks had 5.96 fatalities.