Miami Resort Injury Lawyer Blog

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" »

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 " »

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" »

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" »

South Florida recently basked in the glow of the positive limelight flowing from hosting both the NFL Pro Bowl and Super Bowl. The country bore witness to swaying palm trees, beautiful beaches, and a plethora of activities for everyone to engage in. That type of positive exposure will only serve to aid the healthy resurgence to South Florida's tourism industry for months to come.

On the other hand, while the economy is slowly working its way out of the doldrums, many local, and national, tourist attractions are still not hiring. This trend is even more troublesome in South Florida because the unemployment rate in South Florida is higher than the national unemployment rate.

Therefore, the possibility exists that many airports, resorts, hotels, convention centers and other tourist destinations are trying to do more with less. Many workers are beginning to feel overworked and may not be as careful as possible. This will lead to careless acts of negligence and clear omissions of duties. This will result in injuries.

Therefore, if you, or a loved one, have been injured while staying or visiting South Florida, or even if you are a South Florida native, due to the careless acts and omissions of a resort, hotel, airport, convention center, or other tourist destination, then please contact us immediately to discuss your case further.