Miami Beach, Florida – This past weekend, two sunbathers were struck by a pickup truck driven by Miami Beach contractor Boucher Brothers on South Beach.
The victims were treated at Mount Sinai Medical Center for facial injuries and lacerations.
The city told NBC Miami this is the first incident involving any of this vendor’s cars on the beach. However, this is not true.
A few years ago, I filed a lawsuit against Boucher Brothers after one of their trucks struck a young boy who was running on the beach. The truck’s insurance company even tried to blame the young boy for not watching out for trucks on the beach. Really.
When trucks drive in a primarily pedestrian area, the pedestrians generally have the right of way. Truck drivers on the beach should use extreme caution while driving around tourists and residents sunbathing, playing and having fun on the beach.
My guess is that the truck’s insurance company will take 100% responsibility, but like many insurance companies, they may also look to see if they can pass the blame to anyone else or argue that the injuries or treatment were not necessary, the bills were too high, or that the treatment was not reasonable.