Earlier this month in Miami, two men lost their lives when they were involved in a fatal accident near the intersection of Northwest 12th Avenue and Northwest 54th Street. According to one local news source, the accident occurred at around 7:30 in the evening on a Monday, and it involved a bicyclist and a black Infiniti.
Evidently, the driver of the black Infiniti was traveling at a high rate of speed when he entered the intersection. As he did, he collided with a bicyclist. The bicyclist ended up underneath the Infiniti and was dragged for a full block until Northwest 54th Street, where the Infiniti then collided with a tree.
Upon the impact with the tree, the Infiniti exploded into a burst of flames. Witnesses to the accident told reporters that several people attempted to help the driver of the Infiniti out of the vehicle, but the flames were too intense. Emergency responders pronounced both the cyclist and the driver of the car dead upon their arrival. The crash remains under investigation.
Speeding in South Florida
Speeding is one of the leading causes of traffic-related deaths in South Florida. While most drivers will admit to speeding from time to time, it is still a traffic violation and often can result in a serious injury or death when drivers lose control or fail to see an upcoming road hazard. When a driver’s decision to speed causes an accident, he or she may be held liable to those who were injured in the accident. This can be through a negligence lawsuit (if the victim survived) or through a wrongful death lawsuit (if the victim died as a result of the injuries sustained).
Wrongful Death Cases
Whenever a driver negligently causes the death of another, that driver may be held liable to the accident victim’s family under a wrongful death theory. Under Florida law, only certain parties can bring a wrongful death action against an allegedly negligent driver. Specifically, Florida law requires that a “personal representative” bring the suit on behalf of the deceased’s “survivors.”
A personal representative is a party, usually named in the deceased’s will, who will take care of the deceased’s business after they pass. If there is no personal representative named, the court will appoint one. A “survivor” is defined under Florida law as a child, spouse, or parent. The law may also allow for adoptive siblings and other blood relatives to be considered survivors if they can show that they were reliant upon the deceased for support.
Have You Lost a Loved One in a Florida Accident?
If you have recently lost a loved one due to a Florida car accident, you may be entitled to monetary compensation through a Florida wrongful death action. While the law does allow for compensation in many cases, the defendant named in your case will likely contest your claims, hoping to evade liability. To ensure that you are treated fairly throughout the pre-trial and trial process, call one of the dedicated personal injury attorneys at the South Florida law firm of Cecere Santana at 800-753-5529. Calling is free and will not result in any cost to you unless we are able to recover for you in your case.
More Blog Posts:
Teen Killed in Fort Lauderdale Hit-and Run, Cecere Santana Injury Lawyers Blog, published November 4, 2015.
Florida Supreme Court Holds Accident Victim’s Future Medical Payments Through Medicare and Medicaid Not Admissible at Trial, Cecere Santana Injury Lawyers Blog, published October 20, 2015.