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Car Accidents

An SUV Crashed Into a Kendall Restaurant. Can the Injured Employees Sue the Driver?

On September 15, 2026, an SUV crashed through the front of El Palacio de los Jugos in Kendall, hospitalizing three people, according to Local10 — the driver and two restaurant employees, according to CBS Miami. Workers’-compensation exclusivity under Fla. Stat. § 440.11(1) blocks an employee from suing her employer, but not a negligent third party — so the two injured employees may still bring a civil claim against the driver for damages beyond workers’ comp. No fault has been publicly determined. If you were hurt as an employee or bystander in a crash like this, call 888-PERAZZO for a free case review.

What Happened at El Palacio de los Jugos

The Perazzo Law Firm has learned, according to CBS Miami, that a Honda RAV4 crashed through the storefront of El Palacio de los Jugos at 15110 SW 56th St. in the Kendall West area on September 15, 2026 — at roughly 3:45 p.m., according to Local10. The driver and two restaurant employees were hospitalized in stable condition, CBS Miami reported.

The crash caused a gas leak that was capped at the scene, according to WSVN. The restaurant stayed closed the following day for cleanup, according to Local10; as of the day of the crash, investigators had not yet said what caused it, according to Local10’s initial report.

The Driver’s Civil Liability Doesn’t Depend on a Ticket

Whether police cite the driver doesn’t decide her civil liability — a citation isn’t required to bring a negligence claim. Because Florida applies modified comparative negligence under Fla. Stat. § 768.81(6), an injured party — including the driver herself — loses the right to recover only if she is later found more than 50% at fault for her own harm. No such finding has been made, and no one has been publicly blamed for the crash.

The Employees’ Claim Doesn’t End at Workers’ Comp

For the two injured employees, the question that matters is who they can sue — not whether the driver gets a ticket. Fla. Stat. § 440.11(1) states that “the liability of an employer” for a workplace injury “shall be exclusive and in place of all other liability,” which is why an employee hurt on the job generally cannot sue her own employer in civil court; a workers’ compensation claim is the remedy instead.

But that exclusivity, by its own text, protects only the employer — not an outside driver who crashes into the workplace. A negligent third party gets no protection from the workers’ compensation system. That means the two employees can typically do both at once: pursue workers’ comp benefits for medical bills and lost wages, and separately seek compensation from the driver for damages comp alone doesn’t cover, such as pain and suffering. Florida crashes involving more than one legally distinct defendant work the same way, as in this recent Miami-Dade case involving a government vehicle.

What to Do If You Were Hurt in a Crash Like This

If you were injured at work by someone who isn’t your employer — a driver, a delivery vehicle, a contractor — don’t assume workers’ comp is your only option. The Perazzo Law Firm reviews cases at no cost, with no attorney’s fee unless we recover for you. Call 888-PERAZZO or use our contact page to start a free case review.

FAQ

Can the injured employees sue the driver even though they were hurt at work?
Yes — Fla. Stat. § 440.11(1) bars a claim against the employer, not a third party like the at-fault driver.

What if the driver is later found partly at fault for her own injuries?
Under Fla. Stat. § 768.81(6), a claimant found more than 50% at fault for their own harm can’t recover damages. No fault determination has been made here.

Miami Car Accident Lawyer Advertising. This post is general information, not legal advice, and does not create an attorney-client relationship. Past results do not guarantee a similar outcome in your case. The Perazzo Law Firm’s bona fide offices are located in North Miami Beach, Florida, and Atlanta, Georgia. Jonathan Perazzo, Esq. is responsible for the content of this advertisement. No attorney’s fee unless we recover for you.