When someone is killed in a car accident, the surviving family members are left to pick up the pieces. As they do so, they retain the right to file wrongful death claims against the parties believed to be responsible for the death of their loved one. Family members of the two people who died in a recent Florida car accident may be considering exercising that right.
The crash occurred on a recent Monday afternoon between a motorcycle and a pickup truck. Authorities say that the pickup’s driver was trying to turn left onto a street. As the driver was turning, a motorcyclist was approaching the pickup at a high rate of speed. The motorcycle was unable to stop and crashed into the pickup truck.
The collision caused the pickup truck to flip over and land on its roof. The motorcyclist and the driver of the pickup truck were pronounced dead at the scene. An occupant of the pickup truck suffered serious injuries and was airlifted to Orlando Regional for treatment. No other information about the crash was reported.
The families of the deceased and the injured passenger may file civil actions with the Florida courts seeking damages incurred as a result of this motorcycle versus car accident. It may be determined that both drivers bear some responsibility for this crash. In that case, each driver would be assigned a percentage of responsibility by the court. Any award of damages to a party — or a party’s estate if the negligent party is deceased, as is the case here — will be reduced by that percentage. Moreover, if the injured passenger proves negligence on the party of each driver and damages are awarded to him, each estate may be responsible for a portion of the award.
Source: orlandosentinel.com, “One killed in crash near County Road 42 and Ohio Street in Paisley“, Elyssa Cherney and Desiree Stennett, Feb. 24, 2015