Many tourists from all over the US visit Florida, specifically Miami, for a vacation. From winter to summer, they come in droves to enjoy the stunning beaches and warm weather. Unfortunately, this also carries risks, as many of these drivers rent vehicles to get around Miami. Accidents involving out-of-state drivers are becoming far too common, so you must know what to do in case of an unfortunate car accident involving tourist drivers.

 

Common Scenarios Involving Tourist Drivers in Miami

Let’s dive deeper into what scenarios might lead to accidents involving tourist drivers.

Rental Cars + Unfamiliar Roads

Driving rental cars on unfamiliar roads is one reason most tourist drivers are involved in Miami car accidents. It is easy for drivers unfamiliar with the roads to ignore or miss signage or misjudge traffic patterns. This might cause them to make sudden lane changes or turns. And when navigating the high-traffic areas of Miami, such as South Beach, those misjudgments could lead to a disastrous outcome. 

Surge in Traffic

Miami’s streets and roads are constantly busy, but there are certain times of the year when traffic reaches its peak. It is common during spring break, holidays, or any major events. Miami’s streets are at a higher risk with an influx of tourists. These high-traffic periods record a rise in car accidents, ranging from fender benders to serious car crashes. 

Tourists visiting Miami who are planning to rent a car must be extra vigilant during these high-traffic periods.

Cultural Differences

Cultural differences can impact tourists’ driving behaviors, especially if those tourists are from outside the US. For example, they might be used to driving on the other side of the road or employ different traffic sign systems. Some tourists might take longer to adjust to these systems, which can lead to crucial driving errors. These drivers can be a serious road hazard even if you don’t directly cause a car accident. 

Driving Under the Influence After a Night Out

Driving under the influence of alcohol is illegal in Miami. However, a huge percentage of tourists involved in car accidents is due to the influence of alcohol. Miami’s vibrant nightlife attracts tourists, but it is troubling if they drive after a night of partying. 

Late-night crowds gather at South Beach or Downtown Miami. At the end of each night out, many tourists might underestimate their level of impairment due to alcohol, leading to a dangerous choice to drive back to their hotels. However, it also results in many serious crashes, especially during the early morning hours. 

These irresponsible actions can lead to serious consequences when they cause car crashes, resulting in injuries or property damage. 

 

Establishing Liability vs Tourist Drivers

Miami is a major tourism hub, and many tourists use rented cars to get around. When these drivers are involved in a car accident, one of the most crucial aspects of seeking compensation for damages is establishing liability. 

However, establishing liability against tourist drivers can be more complicated than with local Miami drivers. You must consider factors that increase the likelihood of the accident, such as unfamiliarity with local roads and traffic laws, signage, and road conditions. 

One area of contention when establishing liability is proving the tourist’s lack of knowledge of traffic laws and regulations. It would also be equally difficult to prove that they exercised reasonable caution (or not) when driving in the streets of Miami. 

Insurance coverage and establishing jurisdiction could further complicate proving that a tourist driver is liable in a car accident. For domestic tourists, the insurance policies might have limitations, making it challenging to pursue claims in Miami. For international tourists, things can get more complicated, and this can cause delays in filing insurance claims to seek compensation for your injuries or damages. 

Therefore, it is crucial to report the incident to the authorities so they can collect evidence and investigate the case thoroughly. They will also collect eyewitness accounts, CCTV footage, analyze the scene, and consult traffic experts. 

All in all, establishing liability with tourist drivers requires a nuanced approach. Various hurdles could complicate the case, making it all the more crucial to work with an expert car accident lawyer in Miami. 

 

Determining Fault: Considerations in Florida Law

While unfamiliarity with Miami traffic laws and roads might be among the leading causes of out-of-state drivers in car accidents, it does not excuse them from facing legal responsibilities. Still, the Florida traffic law imposes a comparative negligence fault system. It means that authorities will investigate the car accident based on the physical evidence, eyewitness accounts, CCTV footage, and accident reconstruction and analysis. 

Whether the tourist is determined to be solely at fault or the other drivers contributed to the accident, fault will be determined accordingly. Based on the assigned percentage of fault, local Miami drivers can seek compensation for damages and injuries against the tourist drivers. 

Hence, it is critical to collect evidence at the scene, as it will be evaluated to determine fault. Proper documentation helps establish fault and paint a full picture of how and why the accident occurred. 

 

Can You File an Insurance Claim Against Out-of-State Drivers in Miami?

Filing an insurance claim against out-of-state or tourist drivers in Miami won’t be straightforward. While most insurance companies offer national coverage, a few offer services within a particular state. The process also varies according to the specific insurance coverage that the driver carries.

If you are involved in a car accident in Miami with an out-of-state driver, seek the advice of an experienced Miami car accident lawyer. Many local drivers are unaware of Florida’s so-called long-arm statute, which enables Miami drivers to pursue a claim against out-of-state drivers, provided that the accident occurred within the state borders.

According to the long-arm statute, if an out-of-state driver causes an accident in Florida, they are subject to Florida’s laws and courts. As a Miami resident, you can file a claim against them in a Florida court, even if they live in another state. A car accident can be devastating, and filing an insurance claim allows you to obtain compensation for damages or injuries. A car accident lawyer can help skillfully navigate this legal process.