South Florida Injury Lawyer Blawg

Bicycle Accidents in Florida

Published on: June 10, 2015 | by Law Offices of Robert Dixon

Florida weather lends itself to a lot of outdoor activities throughout the year, including bicycle riding. Unfortunately, many cyclists are injured every year in accidents that could have been prevented. As a bicyclist in Florida, you have rights. If you are a cyclist who was injured due to the carelessness of another, you may be able to seek compensation for your injuries.

Bicycle accidents can take place in a variety of ways. Many times, bicycle accidents are caused a negligent driver who:

Fails to yield to the right of way of cyclists;
Fails to stop at a stop sign or red light;
Fails to look both ways before driving through a light or stop sign;
Ignores cyclists or simply fails to see cyclists;
Carelessly opens the door of a parked vehicle; or
Drives in a lane reserved for bicyclists.

The Department of Highway Safety and Motor Vehicles 2011 Crash Statistics Report, for example, indicates that 4.632 bicyclists were injured and 120 bicycled were fatally injured that year.

What are Proposals for Settlement in Florida?

Published on: June 10, 2015 | by Law Offices of Robert Dixon

Every year, a number of people in Florida and throughout the United States are injured in a variety of accidents. Injured parties often file personal injury lawsuits against the at-fault party. Personal injury litigation is governed by the Florida Rules of Civil Procedure. Most personal injury cases never make it to trial. In fact, more than 90 percent are settled before a jury verdict.

Proposals for settlements (PFS) are creations of the Florida legislature. Rule 1.442 creates the guidelines and parameters for the service of a PFS. A PFS must be made in writing and include:

The party or parties making the proposal as well as the party or parties to whom the proposal is being made;
A clause that states that the proposal decides all damages that would otherwise be awarded in a final judgment in the action in which the proposal is served;
Any conditions;
The entire amount of the proposal, as well as all non-monetary terms of the proposal;
The amount proposed to settle a claim for punitive damages (if any);
Whether the proposal includes attorneys’ fees and whether these fees are part of a legal claim; and
A certificate of service in the form, as mandated by rule 1.080.

Injuries at Amusement Parks in Florida

Published on: June 10, 2015 | by Law Offices of Robert Dixon

Every year, many people visit amusement parks. The thrill of the rides coupled with good times shared with family and friends make theme parks a popular destination. Florida is home to major amusement parks, such as Disney World, Epcot, and Busch Gardens. Unfortunately, theme park rides and attractions are not always designed or maintained properly. If you have suffered a preventable injury at an amusement park, you may be entitled to compensation for the harm you suffered. At the Law Offices of Robert Dixon, our reputable Miami accident attorneys will diligently examine the facts of your case and seek the justice you deserve.

Under Florida law, theme parks are accountable for the safety of their visitors and must follow the same basic laws that apply to other types of businesses. As a result, theme parks have a legal obligation to maintain the property in a reasonably safe condition, correct hazardous conditions, and warn patrons of known dangerous conditions. Common causes of amusement park injuries include malfunctioning rides, concession stand food poisoning, dangerous property conditions, and improper supervision of ride passengers.

There are local, state, and federal laws that mandate that amusement parks follow maintenance guidelines and conduct certain safety inspections. Additionally, amusement parks are required to create height limits for various rides, warn patrons of potential dangers, and have stringent training standards for ride operators.

Workers’ Compensation Case May be Subject to Time Frame – Limith v. Lenox on the Lake

Published on: May 20, 2015 | by Law Offices of Robert Dixon

If you were injured at your workplace, you may be entitled to compensation for the harm you’ve suffered. Workers’ compensation cases can be complicated to navigate, and having the right attorney on your side can make all the difference.

In the case of Limith v. Lenox on the Lake, a worker was injured in a workplace accident while working for an assisted living community in South Florida known as Lenox on the Lake. The worker subsequently filed a Petition for Benefits (PFB) in 2011. Under Florida law, a PFB is the document that starts the lawsuit. The PFB contains the disputed issues and is filed with the workers’ compensation court system.

A Judge of Compensation Claims (JCC) reviewed the petition and then dismissed it but reserved jurisdiction over the employee’s claim for legal fees and costs. In 2013, the JCC denied the employer’s request to dismiss the employee’s claim for lack of prosecution. Florida Statute Section 440.25(4)(i) allows a judge to dismiss a PFB for lack of prosecution if there has been no recorded activity in the prior 12 months.

Hit and Run Standard in Florida

Published on: May 20, 2015 | by Law Offices of Robert Dixon

A recent Florida decision just made it more difficult to prove guilt in a hit and run case. Florida has a serious problem with hit and run accidents, which are those in which one of the drivers illegally leaves the scene of the crash without helping or getting help by reporting it to the proper authorities. Under Florida law, a hit and run is a felony regardless of who was at fault in the accident. There are a variety of reasons a driver may flee the scene of an accident: an expired driver’s license, lack of insurance, being under the influence, and even fear or being wanted by authorities.

Statewide authorities report that the number of hit and run accidents has significantly increased from 2013 to 2014. Over the last few years, a number of laws have been created to combat this issue. One example is a law that increased the criminal punishment for an individual convicted of hit and run. Specifically, the law would impose a minimum mandatory prison term of four years for any person who fled the scene of a fatal accident. This is the same punishment that one would get for DUI manslaughter.

In Florida v. Dorsett, the Florida Supreme Court recently ruled that in order to obtain a criminal conviction for a hit and run case, the prosecutor must show that the defendant had “actual knowledge” of being involved in a wreck.

Texting and Driving Laws in Florida

Published on: May 20, 2015 | by Law Offices of Robert Dixon

Texting and driving is a huge problem in Florida and throughout the United States. Drivers who are distracted on their phones while driving often end up causing serious accidents. In an effort to combat this problem, Florida passed a law in 2013 that bans texting and driving. Florida was one of the last states to pass this law.

The National Highway Traffic Safety Administration (NHTSA) reports that 3,154 people were killed and an estimated 424,000 were injured in motor vehicle crashes involving distracted drivers in 2013. In April, the NHTSA launched a “U Drive. U Text. U Pay.” campaign that focused on the financial consequences and expenses of texting and driving. The United States Department of Transportation also coined a slogan to raise awareness about texting and driving: “if you’re texting, you’re not driving.”

Under Florida law, if a driver in the state is suspected of committing a traffic violation while texting, that driver can be fined up to $60. However, a person will only be fined for texting and driving as a secondary offense when coupled with the suspicion of another traffic violation. It is important to note that the statute’s express language says that a driver will not be penalized if the vehicle is parked or temporarily stopped. Another exception is if an individual is communicating with law enforcement about suspicious or dangerous activity.

Settlement Agreements in Florida Should be Crystal Clear

Published on: May 20, 2015 | by Law Offices of Robert Dixon

Auto accidents happen every day in the state of Florida and throughout the United States. Dealing with the aftermath of an accident isn’t easy, and a number of things need to be considered, such as medical expenses, legal bills, property damage, and more. While our skilled Miami injury attorneys are prepared to zealously advocate for our clients in the courtroom, the reality is that most accident cases end in a settlement agreement before the matter ever reaches trial. It is vital that each settlement agreement be carefully read and understood before it is signed.

A settlement agreement is a legal document that contains the terms of a settlement made outside court. Most agreements include terms on release of liability for present and future claims, confidentiality clauses, and more. A settlement agreement should be reviewed diligently. If any terms of the agreement are not clear or satisfactory, they should be addressed prior to the agreement being codified.

In Cline v. Homuth, the plaintiff was riding his motorcycle when he was hit by a teenager driving his parents’ vehicle on a provisional license. The provisional license required the teenager to have a licensed driver in the vehicle with him at the time he was driving. The teenager’s grandmother was in the passenger seat at the time of the accident. The authorities determined it was the teenager’s fault.

The Seat Belt Defense in Florida Accident Cases – Jones v. Alayon

Published on: May 13, 2015 | by Law Offices of Robert Dixon

Individuals who do not wear seat belts are much more likely to be injured in a motor vehicle accident than persons who do wear seat belts. This is precisely why so many states, including Florida, have mandatory seat belt laws. In Florida, defendants can use the seat belt defense to lessen liability.

In Jones v. Alayon, a Florida driver was rear-ended by the defendant, an off duty police officer. Upon impact, the driver’s car struck a guard rail and rolled over. The driver was ejected from the car and was subsequently run over by other vehicles on the road. The driver died as a result of the accident.

The defendant left the scene and reported his vehicle stolen before admitting that he caused the fatal wreck. The defendant was jailed for the occurrence.

Can You Be Considered Comparatively Negligent in Florida for Wearing High Heels?

Published on: May 13, 2015 | by Law Offices of Robert Dixon

When a defendant is sued, that defendant may raise an affirmative defense. Affirmative defenses are a type of defense in which a defendant presents additional facts to defeat the charges being brought. Just as the plaintiff must meet the burden of proof when bringing a claim, similarly, the defendant must meet a certain burden of proof to establish his or her affirmative defense.

In Bongiorno v. Americorp, the plaintiff slipped and fell on a slippery floor in the bathroom of her workplace. The plaintiff sustained injuries. She was wearing high heels at the time of the incident. The plaintiff filed a lawsuit against the property owner, alleging negligence. The defendant filed an answer denying liability and asserting the affirmative defense of comparative negligence. The matter proceeded to a bench trial. After reviewing the evidence, the trial court determined that the plaintiff was 50 percent comparatively negligent due to the fact that she wore four- to five-inch high-heeled shoes at the time of the accident.

The state of Florida operates under a comparative negligence system. This means that whatever amount an individual is negligent, that individual’s recovery will be limited by that amount. For example, if a plaintiff is deemed to be 40 percent negligent, that plaintiff’s maximum amount of recovery will be 60 percent. In other words, the plaintiff’s total award would be decreased by his or her fault. In this manner, the principle of comparative negligence apportions negligence among the various parties involved in the incident.

Is a Florida Resort that Provides Alcohol Liable When an Intoxicated Patron Drives and Injures Someone?

Published on: May 13, 2015 | by Law Offices of Robert Dixon

In the state of Florida, bars and restaurants that provide alcohol to individuals who later injure others in an automobile wreck may be liable in certain, limited situations. In Hall v. West, the appellate court affirmed a lower court ruling that a beach resort did not owe a duty of care to a person injured by an intoxicated defendant a number of miles away from the resort.

The facts of the case are as follows. The plaintiff sustained serious injuries when he was hit by a speeding car driven by the defendant. The defendant was visiting a resort at the time of the accident. Prior to and after arriving at the resort, the defendant had consumed a number of alcoholic beverages and was inebriated. The resort’s security personnel told the defendant to leave and even escorted the defendant to his car. Approximately two hours later, and 13 miles away, the defendant hit the plaintiff. The defendant’s blood alcohol level was determined to be .188.

The plaintiff later filed a lawsuit against the defendant driver as well as the resort, alleging the resort was negligent in a number of ways. Specifically, the plaintiff claimed that the resort failed to identify that the defendant was intoxicated when he entered the premises, failed to make sure that the defendant left the premises safely, failed to utilize responsible persons to deal with intoxicated patrons, and failed to employ individuals who would use due care to ensure that policies and procedures were followed so that an intoxicated person would leave the premises safely.