South Florida Injury Lawyer Blawg

Roadway Fatalities on the Rise Due to Tech-Related Distractions

Published on: March 14, 2018 | by Law Offices of Robert Dixon

The rise of technology has been convenient for a lot of day-to-day tasks. With the click of a button, we can figure out the nearest restaurant and how to get there. But there is a downside as well. Technology-related distractions, such as the use of cell phones, have contributed to many accidents on the road. If a driver who was using their cell phone behind the wheel has injured you, you may be entitled to compensation. At the Law Offices of Robert Dixon, our Miami distracted driving accident lawyers are committed to holding negligent drivers accountable for the harm that they cause.

According to the National Highway Traffic and Safety Administration, the United States has seen a 14 percent spike in roadway fatalities over the last two years. It has also seen the biggest back-to-back increase in auto accident death rates per mile driven in more than 50 years. In 2016 alone, over 37,000 people died in roadway accidents. This group includes drivers, passengers, cyclists, and pedestrians.

Many blame the increase in accidents on technology-related distractions, such as cell phones. Official figures from the U.S. Department of Transportation rebut this sentiment, showing that only about 9 percent of traffic deaths are caused by distracted driving in general and even fewer specifically by phone use. However, the National Safety Council (NSC) has challenged this data, pointing out that police reports often lack the ability to record technology-related distractions as the cause of an accident. Additionally, many times, the report is contingent on the driver admitting to the distraction, which leads to systematic undercounting. Both the NSC and a recent study by Cambridge Mobile Telematics claim that cell phones play a much larger role in accidents than official figures show. In fact, the NSC claims that based on the under-reporting of distracted driving crashes, the number of fatal crashes that actually take place each year could be double what is recorded in federal data.

Medication Errors May Cause Serious Harm to Florida Residents

Published on: January 29, 2018 | by Law Offices of Robert Dixon

While medications are used to heal, they also have the potential to cause harm if not properly administered. Unfortunately, medication errors are common both in general practice and in hospitals. If you or someone close to you has been adversely affected by a medication error, you need to speak to a skilled Miami medical malpractice attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, you can rest assured that we are dedicated to examining your case and determining your legal rights and options.

A recent report published in the journal The Consultant Pharmacist highlights the importance of a comprehensive medication review after a patient was prescribed the wrong medication for over 10 years. The case involved a 69-year-old patient with paranoid schizophrenia who was brought to the emergency room following violent behavior against staff at the nursing home facility where he lived. At that time, a transcription error had occurred – a prescription for one drug was deleted, and another drug was added. During a subsequent hospitalization, the error was not discovered, but instead the dose of the wrong medication was increased.

Unfortunately, this story is not unique. Since the year 2000, the United States Food and Drug Administration (FDA) has received more than 95,000 reports of medication errors throughout the country. The FDA defines a medication error as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer.” Medication errors can happen in a number of ways, including when the wrong medication was prescribed or given, the wrong dosage was given, the wrong directions for use were provided, or a mix of medication was administered that is dangerous when combined.

Halloween Accidents and Injuries in Florida

Published on: January 29, 2018 | by Law Offices of Robert Dixon

Halloween is an entertaining occasion for both children and adults as they get to dress up, participate in trick-or-treating, and attend Halloween parties. While Halloween can be exciting, the reality is that accidents and injuries do occur on this day. If you or someone close to you was injured in an accident that was not your fault on Halloween, we can help. At the Law Offices of Robert Dixon, our Miami personal injury attorneys have the skill, experience, and determination to handle your case.

While we have heard horror stories about poisoned candy and razor blades hidden in apples, the biggest danger on Halloween is that of car accidents. Data from the National Highway Traffic Safety Administration shows that between 2009 and 2013, 43 percent of all motor vehicle deaths that took place on Halloween night resulted from a drunk driving-related crash. In addition, 26 percent of pedestrian fatalities on Halloween involved a drunk driver in 2013. According to the Safe Kids USA organization, children are more than twice as likely to be killed by a car while walking on Halloween night than at any other time of the year.

Just because it is Halloween does not mean that drivers do not need to follow the rules of the road. Drivers who cause an accident by driving carelessly will likely be liable for any resulting harm under the theory of negligence. Negligence occurs when a person causes injuries or death because he or she failed to act as a reasonably prudent person would act under the same or similar circumstances. For example, a reasonably prudent driver would not speed in residential areas in Halloween, understanding the risk of hitting children who may be trick-or-treating. As a result, a driver who causes an accident in this way would be liable for the resulting harm.

Accidents Caused by Animals on the Road in Florida

Published on: January 29, 2018 | by Law Offices of Robert Dixon

There are many factors that can cause accidents on the road in Florida and throughout the United States. Collisions with animals and wildlife can have catastrophic, even deadly consequences. If you or someone close to you has been injured in an accident involving an animal on the road, it is important to reach out to a skilled Miami car crash attorney as soon as possible. At the Law Offices of Robert Dixon, we are available to analyze the facts of your case and help you understand your legal rights and options.

Car accidents involving wildlife are more common than you may think. According to the Defenders of Wildlife’s fact sheet that there are approximately 725,000 to 1.5 million wildlife-vehicle collisions each year in the United States. Some of these accidents occur in Florida, which is why it is important for drivers to know their rights in the aftermath of such crashes.

Earlier this year, a crash with an alligator sent a woman’s car into a wipeout on I-75. The driver of the car survived the deadly encounter, although the accident left her with a cut under her eye and some bruising. By the time she saw the alligator in front of her Ford Escape, there was no chance of avoiding it. She hit the gator, and her vehicle went into a counter-clockwise spin before overturning at least half a dozen times.

Driver Distraction in Florida Lingers Even After Texting has Stopped

Published on: January 29, 2018 | by Law Offices of Robert Dixon

Distracted driving accidents can lead to life-altering injuries. If you or someone close to you has been injured in an accident caused by a driver who was texting and driving, it is imperative to consult a skilled Miami distracted driving accident attorney who can assess the merits of your case.

Earlier this year, a study revealed that Florida ranks second only to Louisiana for distracted driving. According to EverQuote, Inc., an online insurance firm that released the study, 92 percent of drivers nationwide with cell phones used them while in a moving car. Texting while driving is one form of distracted driving that causes numerous accidents in Florida and throughout the country. The National Safety Council found that almost 330,000 injuries take place each year from accidents caused by texting and driving across the United States. In fact, 1 out of every 4 car wrecks in the U.S. is caused by texting and driving.

While drivers may think that the distraction stops after they send a text, the reality is that distraction lingers for some time afterwards. A study by the American Automobile Association found that a driver’s mind remains distracted for nearly half a minute after simply sending a text, rather than on driving their vehicle. Researchers refer to the post-cellphone use as inattention blindness, which blocks out other stimuli on the road, such as cars, traffic signs, and even pedestrians.

Last Year’s Fatal Florida Crash Caused Partially by Tesla’s Autopilot Feature

Published on: January 29, 2018 | by Law Offices of Robert Dixon

Over the years, cars have become more and more sophisticated. Nowadays, drivers can buy vehicles that have self-driving features. In fact, Tesla has a partial self-driving system that individuals can enjoy. While these features can offer great convenience, they can also cause injuries and death if any technical malfunction occurs. If you or someone close to you has been injured due to a car defect, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our Florida auto defect lawyers understand how stressful the aftermath of an accident can be, which is why we are committed to helping our clients navigate the legal process.

Last year, a man was killed in Florida when his partially self-driving Tesla changed lanes without properly detecting the truck next to it. Now, after a yearlong investigation, the National Transportation Safety Board concluded that the Tesla system capable of automatically steering and controlling the car “played a major role” in the fatal accident. The agency noted that the Autopilot functioned as intended but lacked safety mechanisms to prohibit drivers from using it improperly. In other words, the driver over-relied on the vehicle automation feature when he used the automated feature on a road for which it was not designed. As a result, human error coupled with a lack of sufficient system controls caused the deadly crash.

Liability issues in cases involving automated cars can be tricky. One party that could potentially be liable is the manufacturer of the car if the car’s automated features (i.e., the Tesla’s autopilot function) failed to work properly and was a direct cause of the accident. For instance, if the man’s death was caused because the autopilot feature failed to detect a truck in the neighboring lane, and that is exactly the type of activity it was designed to detect on that type of road, a product liability claim may be appropriate.

New Florida Law Could Require Helmets for Younger Motorcyclists

Published on: January 29, 2018 | by Law Offices of Robert Dixon

Florida legislators are discussing a new law that would require scooter riders under the age of 21 to wear helmets on Florida roads, expanding a helmet mandate that already applies to young riders of traditional motorcycles. Given the dangers associated with operating a motorcycle or a scooter, this measure may help curb injuries across Florida. Scooters, which typically do not exceed 30 miles per hour, are becoming more and more popular on college campuses, since they are inexpensive and easy to operate. If you or someone close to you has been injured in a motorcycle accident caused by someone else’s negligence, you should reach out to a skilled Miami motorcycle crash attorney as soon as possible. At the Law Offices of Robert Dixon, we are committed to protecting your rights at every step of the way.

Currently, the helmet requirement only applies to riders and operators who are under the age of 16. With Florida motorcycle deaths increasing by 30 percent since 2015, supporters of the new bill feel this is an important measure that could save lives across the state. In fact, an American Automobile Association study found that motorcycles accounted for 3 percent of registered vehicles, yet they are involved in 20 percent of vehicle fatalities across Florida. On the other hand, motorcyclist groups who oppose the law have launched a campaign to defeat the proposed law.

If you have been injured in a motorcycle accident that was not your fault, you could recover compensation for your harm through a negligence claim. Negligence takes place when a person causes an injury or death by failing to use reasonable care. Reasonable care is defined as how a prudent person would act under the same or similar circumstances. It is important to note that Florida is a comparative fault state, which means that a jury or court can proportionally assign fault to multiple parties in an accident. Consequently, the plaintiff’s compensation will be reduced by his or her percentage of fault for the accident. For example, if a jury determines that you were 20 percent at fault for causing a crash, your compensation will be reduced by 20 percent.

Car Accidents Involving Elderly Drivers in Florida

Published on: December 28, 2017 | by Law Offices of Robert Dixon

For many elders in Florida, driving allows them the freedom and independence to get where they want to go without having to ask anyone else. If you are an elder who has been hurt in a car accident caused by someone else’s negligence, we can help. Alternatively, if you have been injured in an accident caused by an elder’s negligence, we can also help. At the Law Offices of Robert Dixon, our Miami car accident attorneys have the experience and dedication to handle your case. You can rest assured that we will vigorously advocate for your rights at every step of the way.

The reality is that elderly drivers are more likely to be involved in a car crash. The National Traffic Highway Safety Administration (NHTSA) also found that 40.1 million licensed drivers were aged 65 and older across the United States in 2015. That same year, 6,165 people age 65 and older were killed in traffic crashes. This represents approximately 18 percent of all Americans killed on the road. Furthermore, 240,000 older individuals were injured in traffic crashes in 2015.

For elder drivers, a number of factors can make it challenging to drive, such as a natural decline in vision and reaction time, which can contribute to errors behind the wheel. In Florida, drivers over the age of 80 must pass a vision test before renewing their license. The NHTSA reports that older drivers sometimes have a hard time recognizing still objects and moving objects, which can affect their perception of vehicles and pedestrians.

Florida Road Design Defects

Published on: December 28, 2017 | by Law Offices of Robert Dixon

When we get behind the wheel, we expect to drive on roads that are safe and free of hazardous conditions. Unfortunately, when roads are not properly maintained, they can lead to serious accidents and injuries. If you have been injured in an accident caused by a design defect in the road, you may be able to seek compensation for your harm. At the Law Offices of Robert Dixon, our Miami injury attorneys can use our resources and experience to help you navigate the legal process.

Poor design, shoddy construction, and insufficient maintenance can cause or contribute to serious accidents. Other dangerous issues on the road that can cause collisions include but are not limited to:

Steep embankments;

Tropical Storms and Hurricane-Related Auto Accidents in Florida

Published on: December 28, 2017 | by Law Offices of Robert Dixon

Heavy winds, rain, and flooding that take place during a tropical storm or hurricane in Florida are nothing to take lightly. These weather conditions often lead to serious car accidents that result in long-term injuries and even death. If you or someone close to you has been injured in a weather-related accident in Florida, you need to reach out to a skilled Miami auto accident attorney who can evaluate the facts of your case. You can rest assured that we will advise you on a sensible course of action so that you can get the compensation you deserve for your harm.

Each year, there are 5,870,000 auto accidents across the United States. According to the United States Department of Transportation Federal Highway Administration, approximately 23 percent of those accidents are caused by hazardous weather and poor visibility. This means that over a million crashes a year are weather-related. Weather-related crashes are defined as crashes that take place in adverse weather, such as rain, sleet, snow, fog, severe crosswinds, blowing sand, or slick pavement. The National Highway Traffic Safety Administration found that almost 6,000 people are killed each year and over 445,000 are injured in weather-related crashes on an annual basis.

Tropical storms and hurricanes can create dangerous conditions due to the following factors: poor visibility, decreased traction on road surfaces, lane obstructions, and lane submersions. These factors significantly increase the potential of an accident. When adverse conditions exist, it is the responsibility of each motorist to use additional care behind the wheel. For example, drivers should keep their headlights on and maintain a firm grip on the steering wheel at all times. Drivers should also move slowly and give other drivers plenty of space. Of course, if a motorist is caught in the center of a tropical storm or hurricane, there may be some things that are out of a motorist’s control, no matter how much care and caution that motorist uses.