All motorists have an obligation to obey the rules of the road, including passing only when it is legal and safe to do so. If your loved one was killed in an accident caused by someone improperly passing, you have legal options. We know that the untimely death of a loved one is a devastating experience, which is why we will advocate for you in a sensitive yet competent manner. Wrongful death cases are complicated so having the right attorney on your side can be the difference between winning and losing a case. As highly skilled Miami car accident attorneys, we are proficient in Florida wrongful death law and can help families determine who may be at fault and the degree of their liability.
A 26-year-old woman died following a car accident in September, 2019. The crash took place on State Road 80 in Hendry Country. Florida Highway Patrol Law (FHP) says a man and six-year-old boy were driving east on a curve in the road while the 26-year-old woman was traveling west. FHP explained that the man tried to pass slower traffic in a no passing zone. Both he and the victim tried to avoid a crash, swerving towards the shoulder but ended up hitting each other. Tragically, the woman died at the scene while the man suffered severe injuries and was rushed to the hospital.
If a person dies as a result of the negligence of another person, certain surviving family members of that deceased person may be able to sue for wrongful death. Under Florida law, a wrongful death occurs when a victim loses his or her life as a result of someone else’s misconduct or gross negligence. To prove negligence took place, the plaintiff bears the burden of proving the following elements by a preponderance of the evidence:
- The defendant owed the plaintiff a duty of care;
- The defendant breached that duty;
- The defendant’s breach was a proximate cause of the victim’s death; and
- The plaintiff suffered compensable damages as a result.
The aforementioned case in which the man improperly attempted to pass in a no passing zone and ended up causing a deadly accident would be an example of negligent conduct that could give rise to a wrongful death claim.
In Florida, only certain surviving family members can file a wrongful death lawsuit against the at-fault party. Specifically, survivors of the decedent such as children, spouses, parents, and other dependent relatives may file a wrongful death claim. Damages that are typically available through a wrongful death claim include, but are not limited to: medical costs, funeral and burial expenses, decedent’s pain and suffering, loss of financial support, loss of companionship and any other losses arising from the untimely death.
If you have lost a loved one in a passing accident because a motorist was engaging in unsafe or illegal behavior, we can help. At the Law Offices of Robert Dixon, our Miami wrongful death attorneys know very well how to analyze the situation from a legal perspective in order to determine each and every one of your options. To discuss your specific case with us, please do not hesitate to call us today at 1-877-499-HURT (4878) or contact us online.