Miami Resort Injury Lawyer Blog

Texting and driving has become all too familiar in South Florida, and around the country. Indeed, the National Transportation Safety Board recently voted to recommend a ban on the use of all mobile devices by drivers while driving. It did so because of the risk of too many distracted drivers on the road. The proposed ban applies to hands free devices, and is a recommendation that goes further than any state or federal law issued to date.

The dangers of a distracted driver doing too much texting while driving was highlighted in a recent jury trial in Miami-Dade County. In that case, a jury awarded $8.8 million dollars to the family of a mother killed in a collision with a teenage driver back in 2008. The teenage driver is believed to have been texting while speeding.

The deceased mother was a passenger in a car driven by her husband, traveling eastbound on Bird Road. The teenage driver, age 17 at the time of the car accident, was speeding and weaving in and out of traffic in his father's car. He was traveling at rates of speed as high as 69 MPH in a 40 MPH zone.

There was also marijuana and cocaine in the vehicle being driven by the teenager, and a partially consumed bottle of Delsym cough syrup.

The teenage slammed into the Mother's vehicle. She died on the scene. Her husband, who was driving, suffered internal injuries - including substantial abdominal bleeding, and a large cut from his chest to his stomach from the impact. The couple had two young children, who were not in the car at the time. But they lost their mother in the car accident.

This case coupled with the National Transportation Safety Board's proposed recent ban on texting and driving highlight the dangers of being distracted while driving.

Continue reading "Jury Awards $8.8 Million to the Family of a Mother killed in a Car Accident Caused by a Distracted Teenage Driver - The Time has Come to Ban Texting and Driving" »

Women who drive a car built between 1998 and 2008 and who wear seatbelts are 40% more likely to be injured in a car accident compared with men who wear seatbelts in the same car built in those same years.

The dramatic difference has to do with the way car safety systems are designed.

On average, women are shorter and lighter than men, so the likelihood of injury from airbags increases.

One size fits all safety systems on older vehicles also plays a significant role.

But the data, however, only involves cars built between 1998 and 2008. These types of injuries for women, and the marked difference between injuries to men and women, do not occur with newer vehicles that are equipped with newer safety system.

As such, if you are operating a vehicle without advanced airbags, it's important to take into account the heightened risk of injury if you are a female driver.

What Should You Do If You Are Involved in a Car Accident.

Being involved in a car accident is a nerve racking experience. Most car accident victims are often left disoriented and badly bruised and injured. Consequently, too often car accident victims do not take the time to secure important documents, and gather critical information.

If you are involved in a car accident in Miami, Miami Beach, South Florida and beyond, these are but a few tips that may help strengthen your case:

• Seek immediate medical attention.
• Call the authorities to report the accident.
• Obtain the names and addresses of the driver and passenger of the other vehicle or vehicles.
• Obtain the name and address of any and all witnesses to the accident.
• Obtain all insurance information, including the name of the insurance company and policy number, of the other driver or drivers.
• Document how and where the accident occurred.
• Photograph the property damage to all vehicles and the accident scene.
• Do not admit fault for the accident.

Car accident victims should also speak with one of our experienced attorneys.

We represented the insurance companies for years so we know all of their tricks.

Therefore, call us today to discuss your case in greater detail.

Ft. Lauderdale recently earned the dubious distinction of being the most dangerous city in the country to drive. Indeed, four Florida cities made the list, with Ft. Lauderdale topping the list.

The list was based on traffic fatality statistics compiled from the National Highway Traffic Safety Administration.

So why does Florida rank so badly? Many blame the high number of New York transplants, and transplants from foreign nations, as well as the high number of tourists who travel to South Florida, for the reason. Others cite to the high number of spring breakers who to travel to Florida for some "fun in the sun." Others mention faulty and old roadways.

Nonetheless, here is the entire list:

1. Fort Lauderdale
2. Orlando
3. Augusta-Richmond Co., Georgia
4. Little Rock, Arkansas
5. San Bernardino, California
6. Salt Lake City, Utah
7. Chattanooga, Tennessee
8. Jackson, Mississippi
9. Memphis, Tennessee
10. Lubbock, Texas
11. Jacksonville
12. St. Petersburg
13. Tulsa, Oklahoma
14. Birmingham, Alabama
15. Oklahoma City, Oklahoma

What Should You Do If You Are Involved in a Car Accident.

Being involved in a car accident is a nerve racking experience. Most car accident victims are often left disoriented and badly bruised and injured. Consequently, too often car accident victims do not take the time to secure important documents, and gather critical information.

If you are involved in a car accident in Miami, Miami Beach, South Florida and beyond, these are but a few tips that may help strengthen your case:

• Seek immediate medical attention.
• Call the authorities to report the accident.
• Obtain the names and addresses of the driver and passenger of the other vehicle or vehicles.
• Obtain the name and address of any and all witnesses to the accident.
• Obtain all insurance information, including the name of the insurance company and policy number, of the other driver or drivers.
• Document how and where the accident occurred.
• Photograph the property damage to all vehicles and the accident scene.
• Do not admit fault for the accident.

Car accident victims should also speak with one of our experienced attorneys.

We represented the insurance companies for years so we know all of their tricks.

Therefore, call us today to discuss your case in greater detail.

A Florida jury has awarded $4.9 million to a man who was on vacation in St. Augustine. The case arose because the man was crushed against a wall by a car that a valet sent backward into the lobby of the Casa Monica Hotel. The injured man sued the valet company and the valet himself as a result of this car accident.

Back in April 2009, a valet inadvertently left a car in reverse rather than "park". As he got out of the car, he noticed it was still in reverse. He jumped back behind the wheel. However, he mistakenly pressed the accelerator rather than the hitting the brakes. This caused the car to drive through a set of double doors and into the hotel lobby. The injured man was struck by the car and pinned against a wall for about a half hour.

Apart from the $4.9 million for the injured man, the jury awarded his wife $300,000 for the loss of her husband's comfort, society, attention and services. What exactly does that mean? Well, Florida law provides that a spouse has a claim when the other spouse is injured due to the negligence of another. Beyond the marital sexual relationship, this type of claim may take into account the fact that one spouse missed work to care for the other or account for activities, such as dancing or traveling, that they can no longer do together.

Some may say that the $4.9 million dollar award seems excessive, but its important to understand what a jury takes into account to determine these awards. Here, the injured man was being compensated for his medical expenses, past and future lost earnings, and damages for pain and suffering. For example, the jury certainly decided the injured man needed to be compensated for past and future lost earnings because he eventually lost his job as a restaurant manager because of the injuries he sustained in this incident.

Ultimately, the value of a claim is difficult to assess and calculate because it is a matter of fact to be determined by a jury. However, it takes careful and effective advocacy to convey not only to a jury, but opposing counsel, the value of a claim.

If you or a loved one are injured at an amusement park, car accident, or assaulted, while at a hotel, restaurant or bar, please contact us today for a free case evaluation. At Alvarez & Barbara, LLP, we've achieved favorable results for our clients who face the unfortunate circumstances of being injured.

Call us today toll free at 1-866-518-2913 or 305-263-7700.

Continue reading "Florida Jury Awards Injured Tourist $4.9 Million After Being Crushed Against a Wall by a Hotel Valet" »

Summer is officially in full swing and even with the unpredictable nature of gas prices many families decide to hit the road for that all-American road trip. If you plan on traveling this summer, here are some tips to make your travels safer and better.

If you're taking a road trip, plan your trip ahead of time. If you're going to a city you've never visited then make sure to do some research to avoid the seedy and crime-ridden parts of that town. Only take the credit cards you'll really need. Rather than travel with a big wad of cash, use traveler's checks.

Once you get to your hotel, check the locks in your room to make sure they all work. Also, never leave your room unlocked. Even if you're just going to get ice or the vending machine lock the door. Also, avoid using side or rear entrances at hotels. Always use the main entrance because they are usually very well lit.

On a road trip, you're going to inevitably stop for gas. When picking a gas station don't choose one because it has the cheaper price. Instead, you should be going to a well-lit gas station. When purchasing gas choose the pumps that are closest to the station building. Credit card scammers replace the credit card slots with skimmers on the pumps furthest from the station because an attendant is less likely to see them there.

When you're traveling the last thing you want to worry about is something bad happening. However, they do happen. If you follow these tips and use your common sense, you can avoid a car accident, a slip and fall or even from being the victim of a violent crime at your hotel.

Continue reading "Tips for a Safe Summer Road Trip" »

The summer is almost here. Memorial Day weekend is the unofficial kickoff to what many are predicting will be a very hot South Florida summer and active driving season.

As for driving, holiday drivers received some good news prior to the kick off of the Memorial Day weekend driving season. The AAA predicts a fall in fuel prices leading up to Memorial Day weekend. Moreover, and for a variety of reasons, these decreases in retail gas prices are expected to continue, allowing travelers to make last-minute holiday plans for the upcoming weekend.

Unfortunately, with this increased traffic will come unexpected delays, closures and even many accidents throughout the weekend due to overcrowding and high traffic volume.

Other residents may opt to leave the crowded South Florida area for a summer kick-off road trip. And the long road trips may present challenges to many hitting the roads, and may also lead to unfortunate accidents and other problems.

With that said, if you're hitting the road, particularly during this busy holiday weekend, it is important that you abide by the following safety tips to avoid a car accident:

• Always follow the law and drive within the legal speed limit
• Take alternative routs to avoid congested areas
• Wear your safety seat belt at all times
• Do not drink and drive
• Do not text or talk on the phone while driving
• Watch or listen to traffic reports before getting in the car

If you or a loved one are involved in a car accident, please contact our office to discuss your case further. We will help guide you through the entire process and potentially maximize your recovery and compensation for your injuries.

We are all well aware of the dangers posed by driving a car under the influence. Therefore, one can certainly understand that driving a bus full of tourists certainly puts a lot of lives at risk.

Apparently, one Florida man couldn't use his common sense and drove a tour bus under the influence. Sadly, this decision to drive under the influence ended up causing the death of a pedestrian in New York City.

According to news reports, the driver of the tour bus had a 1.75 liter jug of vodka on the bus with him. There are also reports that a "silver travel mug nearly-emptied of vodka" was found on the bus as well. Allegedly, the fist breath test came out under the legal limit. However, on a subsequent test he blew a 0.083. This is more than twice the legal limit of 0.04 for commercial drivers.

Charged with DWI and manslaughter, the driver of the bus worked for a company based out of Florida. It has been uncovered that the driver has been cited 6 times since 1997 - three car accidents, speeding, and twice driving with a suspended license. These facts certainly do not bode well for the tour bus company.

Simply, the tour bus company may be held liable under these circumstance for negligent hiring and retention. The bus company certainly has a duty to ensure that its employees are safe drivers by conducting background checks prior to hiring and by terminating employees who commit certain wrongs as an employee.

In South Florida, we see tour buses on a daily basis. As an international tourist destination, visitors often travel and see the local sights on a tour bus. If you or a loved are hurt are injured on a tour bus, we welcome you to contact us to discuss your rights.

Our attorneys used to work for the insurance companies. Now, they focus on representing the victims of car accidents in Miami, South Beach, South Florida, and beyond. Given the years our attorneys worked defending the insurance companies in car accident cases, they are uniquely prepared to ensure that the victims of car accidents receive just compensation for their injuries and property damage.

Consider Your Options. Contact Us Today.

If you, or a loved one, have been injured in a car accident, or assaulted, while at a hotel, restaurant or bar, please contact us today for a free case evaluation.

Call us today toll free at 1-866-518-2913 or 305-263-7700.

Road accidents -- not terrorism, plane crashes or crime -- are the No. 1 killer of healthy Americans traveling abroad, a USA TODAY analysis of the past 7½ years of State Department data shows.

Car accidents unfortunately happen every day in our busy streets, and highways, both at home and while vacationing abroad. Car accidents are an extreme inconvenience and aggravation that always occur at the worst possible moment, especially when on vacation. But they are also often times the source of serious and significant life altering injury and even death.

Our attorneys used to work for the insurance companies. Now, they focus on representing the victims of car accidents in Miami, South Beach, South Florida, and beyond. Given the years our attorneys worked defending the insurance companies in car accident cases, they are uniquely prepared to ensure that the victims of car accidents receive just compensation for their injuries and property damage.

About 1,820 Americans, almost a third of all Americans who died of non-natural causes while abroad, have been reported killed in road accidents in foreign countries from Jan. 1, 2003, through June 2010. On average, one American traveler dies on a foreign road every 36 hours.

A lethal combination of killer roads, unsafe vehicles, dangerous driving and disoriented travelers are often among the many reason for many car accidents.

Continue reading "Car Accidents are a Top Killer for U.S. Tourists in Miami and Abroad" »

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" »

I-75 was closed for several hours earlier this week following a very serious, and fatal, car accident. Official have identified the driver of the vehicle that was killed in the serious accident.

The fatal crash took place at about 3:50 am in the northbound lanes of I-75 at the Weston Road overpass. A 2004 Corvette, being driven by the victim, struck the left corner of a tractor trailer. After the impact, the Corvette veered into the path of a second tractor trailer, which pushed the Corvette to the side. That second truck came to a rest on top of the Corvette.

Being involved in a car accident is a nerve racking experience. Most car accident victims are often left disoriented, badly bruised, injured, and, as in the case of this recent auto accident on I-75, dead. Consequently, too often car accident victims, and their families, do not take the time to secure important documents, and gather critical information.

If you are involved in a car accident in Miami, Miami Beach, Ft. Lauderdale, South Florida and beyond, then these are but a few tips that may help strengthen your case:

• Seek immediate medical attention.
• Call the authorities to report the accident.
• Obtain the names and addresses of the driver and passenger of the other vehicle or vehicles.
• Obtain the name and address of any and all witnesses to the accident.
• Obtain all insurance information, including the name of the insurance company and policy number, of the other driver or drivers.
• Document how and where the accident occurred.
• Photograph the property damage to all vehicles and the accident scene.
• Do not admit fault for the accident.

Car accident victims should also speak with one of our experienced attorneys. We represented the insurance companies for years so we know all of their tricks. Therefore, call us today to discuss your case in greater detail.

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? " »

The summer is almost here. Memorial Day weekend is the unofficial kickoff to what many are predicting will be a very hot South Florida summer and active driving season thanks to low gas prices. According to AAA Auto Club South, 1.5 million Floridians are expected to travel over the long weekend.

Locally, South Florida is known to host a variety of events during the Memorial Day weekend, and this year is no exception. Hundreds of thousands of hip-hop fans will gather in Miami Beach to enjoy the latest music trends and fashion. Residents and visitors alike will also visit the many South Florida beaches, marinas, public parks and attractions over the long weekend.

Unfortunately, with this increased traffic will come unexpected delays, closures and even many accidents throughout the weekend due to overcrowding and high traffic volume.

Other residents may opt to leave the crowded South Florida area for a summer kick-off road trip. And the long road trips may present challenges to many hitting the roads, and may also lead to unfortunate accidents and other problems.

With that said, if you're hitting the road, particularly during this busy holiday weekend, it is important that you abide by the following safety tips to avoid an accident:

• Always follow the law and drive within the legal speed limit
• Take alternative routs to avoid congested areas
• Wear your safety seat belt at all times
• Do not drink and drive
• Do not text or talk on the phone while driving
• Watch or listen to traffic reports before getting in the car

Continue reading "Memorial Day Weekend Accidents" »

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" »

The Florida Legislature passed two significant pieces of legislation that will have a dramatic, and favorable, impact on the rights of individuals that are injured as a result of negligence committed by the government, as well as injuries sustained by children in the State of Florida at amusement parks.

Parental Waiver

A significant piece of Florida legislation was passed involving the rights of parents to waive claims on behalf of their children when certain waivers are signed. This bill is aimed at correcting a Florida Supreme Court case that effectively barred all waivers in the State of Florida.

Back in 2008, the Florida Supreme Court effectively barred the waivers. That ruling stemmed from a lawsuit that was filed by the mother of a deceased child.

It turns out that the child had died in an all-terrain vehicle accident after the father had signed a waiver on the child's behalf, but the mother had not. The mother then sued the business because the track owner did not have someone with a flag directing traffic. The Florida Supreme Court ruled that parents could not waive their children's right to sue - but added that the lawmakers could pass such a law.

And during the current legislative session, Florida's legislature did in fact pass such a law that balances the rights of the injured parties with the interests of many tourist attractions.

As reported in the Orlando Sentinel, Florida's new law only authorizes waivers that shield businesses from claims arising when someone is injured because of the "inherent risk" of an activity. The releases would not protect against suits claiming negligence.

Therefore, theme parks, go-cart tracks and other businesses that offer potentially hazardous fun would be shielded from liability for acts that are "inherently dangerous", but not from their acts of negligence. This new standard is to be applied on a case by case basis.

Sovereign Immunity

Florida's outdated sovereign immunity has also been amended favorably. For the past thirty years, the immunity/waiver amounts have been set at $100,000 for an individual, and $200,000 per claim. However, Florida's legislatures passed a piece of legislation raising the waiver amounts from the present limits to $200,000/$300,000 in October of 2011. This is the first increase of the of these caps in thirty years.

Continue reading "Victories for Victims of Government Negligence and Florida's Children" »

A 10 year old boy was killed in a violent bus accident. This comes only days after another Disney Bus Driver was involved in a violent auto accident that injured many on board.

And just six months ago, a four year old girl was killed in the Fort Wilderness area where the 10 year old was recently killed.

It appears as though Walt Disney is having its share of safety issues. It is still unknown if there is any connection between the two deaths at the Fort Wilderness area in Walt Disney, but investigations continue.

Continue reading "Boy Killed in Disney Bus Accident in Florida " »