Miami Resort Injury Lawyer Blog

Our Florida bike accident lawyers continue to be concerned about the high numbers of serious and fatal pedestrian accidents and bicycle accidents that are occurring on Florida roads. In 2009, the number of fatal Florida bicycle accidents declined from 119 to 100, while fatal pedestrian accidents declined from 502 to 482.

However, Florida is among the most dangerous states in the nation for serious and fatal bicycle or pedestrian accidents. The National Highway Traffic Safety Administration reports that 125 cyclists were killed in Florida in 2005 -- the most of any state in the nation. Florida pedestrian accidents killed 490 people, second only to California, which was the nation's most dangerous state for walkers.

Pedestrian accidents and bicycle accidents frequently lead to very serious or fatal injuries. Both also have a high number of cases in which an at-fault motorist does not stop. When a motorist fails to stop, or when an at-fault driver does not have adequate insurance to compensate a victim for his or her injuries, victims of a Florida bicycle or pedestrian accident are often able to file a claim against their own insurance company.

Our Miami bike accident lawyers urge motorists who have been injured in a bicycle or pedestrian accident to consult an experienced attorney right away. We recommend that you not sign any documents -- either from your insurance company or the company of the at-fault driver -- and do not accept any payments until speaking to an experienced attorney.

Bicycle and pedestrian accidents frequently involve serious head injuries, spinal cord injuries, broken bones, joint injuries and other medical conditions that require extensive care and often lead to additional medical complications. Hiring an attorney capable of protecting your rights in a dispute with an insurance company in Miami is critical to protecting the long-term financial well-being of you and your family.

Other than our beaches, nightlife, and weather, Miami is known for streets and drivers that present grave dangers to pedestrians and cyclists. However, cycling and walking are often the favored forms of transportation for those visiting South Florida. These traditional forms of transportation allow visitors the perfect vantage point to enjoy the local sights and the opportunity to closely experience our vibrant atmosphere.

According to the County's Metropolitan Planning Organization, 40% of the traffic fatalities in Miami-Dade County involve bicyclists and pedestrians. On a recent list of cities with the worst road rage, Miami ranks 7th in the nation. This survey took into account the amount of drivers who lose their tempers, tailgate, speed, and honk. Any local will tell you that this list is most likely correct. Drivers in Miami are often reckless and fail to take account not only other drivers, but often the most defenseless - cyclists and pedestrians.

Pedestrian accidents and bicycle accidents frequently lead to very serious or fatal injuries. Both also have a high number of cases in which an at-fault motorist does not stop. When a motorist fails to stop, or when an at-fault driver does not have adequate insurance to compensate a victim for his or her injuries, victims of a Florida bicycle or pedestrian accident are often able to file a claim against their own insurance company.

Our Miami bike accident lawyers urge motorists who have been injured in a bicycle or pedestrian accident to consult an experienced attorney right away. We recommend that you not sign any documents -- either from your insurance company or the company of the at-fault driver -- and do not accept any payments until speaking to an experienced attorney.

Bicycle and pedestrian accidents frequently involve serious head injuries, spinal cord injuries, broken bones, joint injuries and other medical conditions that require extensive care and often lead to additional medical complications. Hiring an attorney capable of protecting your rights in a dispute with an insurance company in Miami is critical to protecting the long-term financial well-being of you and your family.

Recently, a pedestrian in Miami was struck by a hit-and-run and driver after he attempted to pass a stopped bus. He struck the pedestrian as he tried to passed the bus on the sidewalk. As a result of this horrible incident, here is a list of tips for drivers to follow so they can prevent endangering pedestrians.

1. Always watch for pedestrians. Pedestrians can be encountered anytime and anywhere, even where there shouldn't be.

2. Pedestrians are hard to see. Especially in bad weather or at night, keep a lookout for pedestrians. Slow down if you can't see.

3. Stop at crosswalks. Make sure to stop for pedestrians in crosswalks - even when they are unmarked. When stopping, stop far enough so that other drivers in other lanes can see the pedestrians as well.

4. Take extra care for pedestrians when turning. We often wait for a gap in traffic when making turns. Beware that while waiting for that gap a pedestrian may have moved into your intended path.

5. Pay extra attention in areas known for foot-traffic. These areas included schools, churches, playgrounds, and city centers with noted density.

Walt Disney World usually only conjures positive emotions. Mickey Mouse and Disney resorts have provided families throughout the globe with a destination that guarantees wholesome family fun. Over the decades, countless parents have brought their young children to Disney parks and resorts and returned home with happy memories.

Unfortunately, the Brubaker family is not one of those countless families with happy memories of Walt Disney World after their 9 year-old child died in a collision with a Walt Disney World bus.

In April 2010, Brubaker was riding his bicycle in Disney's Fort Wilderness Resort and Campground. He was heading southbound on Big Pine Road wearing a safety helmet and riding on the sidewalk. At the same time, a Disney bus driven by David R. Rich was traveling in the same direction. After hitting the side of the bus, the child was pulled under the rear wheels of the bicycle and subsequently died.

Presently, the Orlando Sentinel is reporting that Brubaker's mother has filed a wrongful death suit against Walt Disney Parks, Resorts U.S., and the bus driver. A Florida Highway Patrol report, however, stated the accident was caused because Brubaker's bicycle was in an unsafe condition due to flat bicycle tire. Nevertheless, the lawsuit blames sidewalk conditions and Disney's bus system for the fatality.

According to the complaint, pedestrians must regularly step off the sidewalk and onto the roadway or an unpaved area to avoid other cyclists and pedestrians. Due to railings and steep gullies, resort visitors are prevented from stepping toward the interior of the park when trying to pass others. The complaint further states that as a result of these conditions "contact between a pedestrian and a bus or vehicle was reasonably foreseeable to occur and therefore cause serious injury or death to the pedestrian."

Continue reading "Accident at the Walt Disney World Resort Leads to Untimely Death of a Minor" »

Florida began a major motorcycle initiative in 2008 as it became aware of this startling fact: Motorcycles make up about 6 percent of all Florida traffic, but those dying in motorcycle crashes made up 18 percent of all traffic deaths. Compare that with 1997, when deaths involving motorcycles were 5 percent of traffic fatalities.

But our Florida motorcycle accident lawyers continue to be concerned about the high numbers of serious and fatal pedestrian accidents and bicycle accidents that are occurring on Florida roads.

The steep rise in motorcycle deaths was occurring as more people turned to motorcycles for recreation and transportation to save on gas.

Faced with the realization that motorcycle deaths and injuries were skyrocketing, Florida officials had federal transportation officials visit the state, assess its motorcycle safety program and suggest improvements.

The result was a comprehensive plan to reduce deaths, injuries and crashes and the formation of the first motorcycle safety coalition in the state. That coalition -- made up of motorcycle clubs, motorcycle dealers, insurance companies, law enforcement, community safety groups and state traffic safety officials -- was tasked with implementing the plan.

Groups using state transportation department funding have been pushing the "Look Twice Save a Life" campaign, urging motorists to look out for motorcycle riders. And police also have begun cracking down on motorcycle riders who are speeding. In a 2008 transportation department survey of motorcycle riders, 30 percent reported driving faster than 110 mph. Another factor in the decline in motorcycle deaths could be a 2008 requirement that anyone applying to add a motorcycle endorsement to a driver's license take a motorcycle training course.

Last year, motorcycle riders aged 45 to 54 were involved in more deadly motorcycle crashes than any other age group. Those aged 25 to 34 are right behind them, according to the transportation department.

Continue reading "Motorcycle Deaths in Florida on the Decline " »

The Florida Department of Highway Safety and Motor Vehicles reports that the total number of fatal accidents declined last year, to 2,563 from the 2,983 that were reported in 2008.

But our Florida bike accident lawyers continue to be concerned about the high numbers of serious and fatal pedestrian accidents and bicycle accidents that are occurring on Florida roads. In 2009, the number of fatal Florida bicycle accidents declined from 119 to 100, while fatal pedestrian accidents declined from 502 to 482.

However, Florida is among the most dangerous states in the nation for serious and fatal bicycle or pedestrian accidents. The National Highway Traffic Safety Administration reports that 125 cyclists were killed in Florida in 2005 -- the most of any state in the nation. Florida pedestrian accidents killed 490 people, second only to California, which was the nation's most dangerous state for walkers.

Pedestrian accidents and bicycle accidents frequently lead to very serious or fatal injuries. Both also have a high number of cases in which an at-fault motorist does not stop. When a motorist fails to stop, or when an at-fault driver does not have adequate insurance to compensate a victim for his or her injuries, victims of a Florida bicycle or pedestrian accident are often able to file a claim against their own insurance company.

Our Miami bike accident lawyers urge motorists who have been injured in a bicycle or pedestrian accident to consult an experienced attorney right away. We recommend that you not sign any documents -- either from your insurance company or the company of the at-fault driver -- and do not accept any payments until speaking to an experienced attorney.

Bicycle and pedestrian accidents frequently involve serious head injuries, spinal cord injuries, broken bones, joint injuries and other medical conditions that require extensive care and often lead to additional medical complications. Hiring an attorney capable of protecting your rights in a dispute with an insurance company in Miami is critical to protecting the long-term financial well-being of you and your family.

Continue reading "Florida Bicycle and Pedestrian Accident Victims May Need to Seek Damages from their Auto Insurance Policy" »

Florida, and South Florida in particular, attracts thousands of visitors each and every year. Many of those visitors travel to Florida to take advantage of the many fine beaches, lakes, and pools found throughout our great state.

Often times, many hotels, or resorts, advertise that one can participate in certain recreational activities, such as parasailing, while staying on their premises and enjoying their pools, lakes and beaches. And if those activities are unsupervised, unregulated, or just operated in a negligent manner, it could often times lead to serious injuries.

It is therefore critical to consult with an experienced personal injury lawyer if you, or a loved one, are injured while visiting Florida.

In Florida, one who maintains a public resort is required to exercise all proper precautions, skill and care commensurate with the circumstances to put and maintain the place and every part thereof in a reasonable safe condition for the use to which it may rightly be devoted. E.H.P. Corp. v. Cousin, 654 So.2d 976 (Fla. 2nd DCA 1995). In other words, in Florida, if a resort specifically caters to the public at large for its swimming pools, beaches, or other water related recreational activities, then those facts may be sufficient to impose a duty onto the resort to provide for adequate compensation for the injured party.

Beaches, and large swimming pools, are often times a haven for recreational activities that are much too often unregulated by the State and unsupervised by the resort. While the resorts may attempt to distance themselves from these "independent" operators of recreational activities on their property, the resorts very own promotional materials, and advertisements, will often likely be used to demonstrate that the "independent" operator is really nothing more than the resort's agent. This will allow an experienced personal injury attorney to seek adequate compensation for the party that was injured as a result of the "independent" operator's negligence.

Continue reading "Injured Parasailing or Engaging in other Recreational Activities While Visiting a Florida Resort or Hotel" »

What happens, in Florida, when you're injured in an auto accident by the negligent actions of an operator of a rental car? Unfortunately, a relatively new law, commonly known as the Graves Amendment, will likely bar any recovery from the owner of the dangerous instrumentality, i.e. the rental car company.

Before specifically discussing the Graves Amendment, it is important to understand that Florida has long adhered to the dangerous instrumentality doctrine. Indeed, its origins date back to 1920.

In Southern Cotton Oil Co. v. Anderson, 86 So. 629, 638 (Fla. 1920) Florida's Supreme Court held that "one who authorizes and permits an instrumentality that is peculiarly dangerous in its operation to be used by another on the public highway, is liable in damages for injuries to third persons caused by the negligent operation of such instrumentality on the highway by one so authorized by the owner." Id. at 638. In other words, a car owner is liable under the dangerous instrumentality doctrine when the negligent operation of the dangerous instrumentality, i.e. car, causes injury to a third party. Rodriguez-Cespedes v. Creative Leasing, Inc., 728 So. 2d 811 (Fla 3rd DCA 1999); Pabon v. Interamerican Car Rental, Inc., 715 So. 2d 1148 (Fla. 3rd DCA 1998); Budget Rent a Car Systems v. State Farm Mutual Automobile Insurance Company, Inc., 727 So. 2d 287 (Fla. 2nd DCA 1999); Almon v. Enterprise Leasing Company, 537 So. 2d 1046 (Fla. 1st DCA 1989). As illustrated by the above line of Florida cases, the dangerous instrumentality doctrine, in Florida, applied to rental car companies too since they are the owners of the dangerous instrumentality, i.e the rental car.

Not long ago, however, a Federal law was passed to help insulate rental car companies, in Florida, from liability for serious personal injuries caused by the rental vehicles. This law is commonly known as the "Graves Amendment."

The "Graves Amendment" is being challenged in courts across Florida. Indeed, our firm is currently handling an appeal before the Third District Court of Appeal on this very issue. Just as important, all attorneys that are currently handling rental car auto accident cases here in Florida, like our firm, are anxiously awaiting a ruling from the Florida Supreme Court on a pending case that may shed some positive light on those injured in auto accidents involving a rental car.

Continue reading "Was the Driver of the Car that Hit You Driving a Rental Car in that Car Accident? " »

Many travel to Florida to enjoy our excellent year round climate. And riding a bike is just one of many great activities people engage in every day to enjoy our excellent year round weather.

However, according to the National Highway Traffic Safety Administration (NHTSA), Florida bike riders are at risk. Florida was recently named the deadliest state in the country for bike riders. That dubious distinction was earned as a result of the tragically high number of bike riding related deaths each year in Florida. Indeed, 11.1% of all pedestrians, and 17.4% of all bicyclists, killed in accidents across the country, die in Florida.

Miami has made a concerted effort over the past years to improve its standing in the biking community. In 2008, Bicycling magazine named Miami one of the three worst cities for cyclist in the country. But just two short years later, the same magazine lists Miami as one of the country's "rising stars" in the biking community.

Even with the concerted improvements by our local leaders to improve the overall quality, and safety, for biking here in South Florida, tragedy still strikes. Earlier this year, a cyclist was killed in Key Biscayne after being struck by a speeding motorist.

While our local officials should be applauded for their efforts in improving South Florida's status as a desirable destination for the biking community, the data suggests that more still needs to be done to ensure that our streets are safe for motorists, pedestrians and cyclists.

Continue reading "It's Dangerous to Ride a Bike in Florida" »