South Florida Personal Injury Lawyers Blog
A tragic car accident outside a Miami pharmacy has left a 7-year-old girl in critical condition after she was struck by a vehicle driven by an elderly woman. The child was walking with her mother when the accident occurred, and she was taken to Jackson Memorial Hospital with severe head injuries where she fought for her life. However, sadly, the young girl recently passed away from her injuries. Friedman Rodman Frank & Estrada represent the girl’s family and are looking into all potentially liable defendants. Aside from the most obvious defendant, being the driver, Friedman Rodman Frank & Estrada is also considering a property negligence claim agains the owner of the property where the accident occurred.
Holding Older Drivers Accountable Under Florida Law
In the wake of this accident, increased attention has been paid to the role of elderly drivers and the risks they may pose on the road. Florida law does not impose an upper age limit on driving, but older drivers must renew their licenses more frequently and pass vision tests after age 80. Despite these regulations, age-related cognitive and physical declines can still contribute to dangerous driving situations, leading to tragic outcomes like this one.
When an elderly driver causes an accident, victims may pursue a personal injury claim to hold them accountable for their actions. In Florida, personal injury claims require proof of negligence. To establish negligence, the victim (or their family) must demonstrate that the driver owed a duty of care to others on the road, breached that duty through careless or reckless actions, and that this breach directly caused the victim’s injuries.
In this case, the driver reportedly mistook the accelerator for the brake, resulting in the collision. This type of error, particularly when a pedestrian is involved, could likely be seen as a breach of the driver’s duty to operate the vehicle safely. If negligence can be proven, the family may be entitled to compensation for medical expenses, pain and suffering, and other damages.
Liability for Accidents Caused by Older Adults Under Florida Law
Florida law does not automatically assume that age makes someone liable for an accident. However, if it is shown that an elderly driver’s physical or cognitive impairments played a role in causing the accident, it can strengthen the victim’s personal injury claim. In the case of this 7-year-old victim, the fact that the driver accidentally hit the accelerator instead of the brake indicates a possible lapse in motor skills or judgment, both of which can be linked to age-related decline.
Proving liability in accidents caused by older adults involves demonstrating that the driver failed to act as a reasonably prudent person would under similar circumstances. For example, if the driver was unable to see properly, failed to react quickly enough, or made a critical error in operating the vehicle, these factors can all contribute to establishing fault. Florida’s comparative negligence system allows victims to recover compensation even if the elderly driver was not entirely at fault, as long as their actions contributed to the accident.
Seeking Compensation for Catastrophic Injuries
When a child suffers catastrophic injuries due to someone else’s negligence, Florida law provides avenues for families to seek justice. Personal injury lawsuits can help cover the extensive medical costs associated with critical injuries, including emergency treatment, surgeries, rehabilitation, and long-term care. In this case, the child’s severe head injuries will likely require ongoing medical attention, and the financial burden on the family will be significant.
Gathering as much evidence as possible to support the claim is essential in cases involving elderly drivers. This can include witness statements, accident reports, and any medical records that demonstrate the extent of the injuries. Additionally, if there are questions about the elderly driver’s fitness to drive, their medical history and driving record may be relevant to the case.
Ultimately, personal injury lawsuits not only compensate victims but also highlight safety issues, such as the need for stricter regulations on elderly drivers. For the family of this 7-year-old victim, holding the driver accountable may provide some measure of justice, but it can also prompt broader discussions about road safety and the responsibilities of older drivers in Florida.
If you were injured as a result of another’s negligence, reach out to the Miami personal injury and workers’ compensation lawyers at Friedman Rodman Frank & Estrada. We provide free consultations and will only accept payment for our services if we can recover compensation on your behalf.