Car Accident

An Airborne Vehicle Kills Two in Florida Accident

Published on: September 16, 2021 | by Friedman Rodman Frank & Estrada, P.A.

Despite innovations in technology to make life easier, accidents often still occur. When these accidents cause injury or death, the responsible party will often blame the technology for the incident. However, in many cases, the user of the technology has still made errors leading to the accident. Because of this, they are still liable, and the injured person can bring a negligence lawsuit. But when the accident was not the fault of another person but actually a defective product, Florida law allows the injured party to bring a lawsuit in this instance too. Since it is difficult to discern whether a person should bring a negligence or a defective product lawsuit, listed below are the elements of both negligence and products liability lawsuits.

In Florida, an airborne Tesla plowed through a stop sign and into a home early last week. According to one news report, the car was fully airborne when it crashed through the house, leaving a massive hole in the middle of the property. The driver of the car sped through a stop sign and hit a curb—this sent the car into the air and into the house. The accident caused the death of a 69-year-old woman in the house, a passenger in the car, and left three people seriously injured. While the vehicle has an Autopilot function, it was not deployed at the time of the accident.

Negligence Lawsuits

Florida Man Arrested After Multi-Vehicle Crash

Published on: September 16, 2021 | by Friedman Rodman Frank & Estrada, P.A.

After the death of a loved one in an accident, many things may feel out of the family’s control. However, something the loved ones of the deceased can control is whether or not to bring a lawsuit if the accident was caused by another person. These lawsuits are called wrongful death lawsuits, which can be brought in any state. However, states, including Florida, have different requirements for who can bring the lawsuit along with what the parties must allege.

Recently, a Florida man was arrested after a multi-vehicle crash led to fatalities. A man from Miami was traveling west on I-80 and rear-ended another vehicle, which was then hit by another car. In total, the crash involved eight vehicles and caused two fatalities—a father and son who were in the car who was initially rear-ended—and five other people were transported to the hospital with non-life-threatening injuries. Police indicated the initial driver caused the accident by not paying attention and driving extremely fast; he has been arrested on two counts of motor vehicle homicide.

Many states have specific laws dedicated to bringing a wrongful death lawsuit. In Florida, the Wrongful Death Act governs all wrongful death suits. The purpose of the Wrongful Death Act is to shift the losses when a wrongful death occurs from the deceased’s survivors to the wrongdoer of the act. Because of this, the family of a person killed under these circumstances can bring a lawsuit against the responsible party. However, there are strict requirements that must be met in order for a wrongful death lawsuit to be successful. A lawsuit can only be brought if the death of the person is caused by the wrongful act or negligence of another person, and the accident would have entitled the deceased to bring a personal injury lawsuit if they had not died.

Florida Teacher and Her Family Killed in DUI Car Crash

Published on: September 9, 2021 | by Friedman Rodman Frank & Estrada, P.A.

Car accidents are traumatic for those involved, as well as for an accident victim’s loved ones who were not a part of the accident. When someone is killed in a tragic car accident, bringing a lawsuit is not the first thought on the family’s mind. As time progresses, and if they decide that they want to financially recover, the family may be confused about who is permitted to bring the lawsuit. However, Florida law has specific requirements for who is able to bring a wrongful death lawsuit after a loved one has passed away in a car accident.

Recently, a car accident in Miami claimed the lives of a teacher, her husband, and her mother. The teacher, who was driving her mother to her dialysis treatment, was struck by another driver as she was trying to make a turn. Miami-Dade police later indicated that the driver of the second vehicle had been drinking and this likely caused the accident.

In situations like the aforementioned tragedy, it may be confusing to determine who should bring a wrongful death lawsuit. According to Florida law, the lawsuit must be brought by the deceased’s “personal representative” with the intent to obtain compensation for the benefit of the deceased’s “survivors.” A deceased’s “survivors” can include their spouse, children, parents, siblings, and other extended family members. The law also allows other individuals to financially recover from the loss of a loved one if they depended on the deceased for support—either emotionally or financially. Therefore, Florida law provides many family members with the opportunity to sue the accountable party after the loss of a loved one in a car accident.

Tragic Accident on the Florida Turnpike Kills Two Drivers

Published on: September 9, 2021 | by Friedman Rodman Frank & Estrada, P.A.

Most Florida drivers understand and respect the requirement that they move over to avoid the lane adjacent to a stopped police or emergency vehicle. When possible, drivers should steer their vehicle into another lane if there is an emergency vehicle stopped on the shoulder or the side of the road. Drivers may not know that it is equally important to stay away from any stopped or disabled vehicle on the side of the road. A recent fatal accident on the Florida turnpike was caused when the driver of a pickup truck struck a tow truck that was assisting a disabled vehicle on the shoulder of the turnpike.

According to a local news report discussing the crash, a tow truck had stopped on the shoulder of the Florida Turnpike in Lake County and was preparing to tow a disabled vehicle as a pickup truck approached. The driver of the pickup truck stayed in the lane closest to the tow truck and veered into the shoulder unexpectedly. The pickup truck struck the tow truck and the driver of the tow truck, who was outside of the vehicle at the time. After the initial collision, the pickup truck rolled, and the driver was ejected from the vehicle. Both the tow truck driver and the driver of the pickup truck were killed as a result of the collision. A passenger in the pickup truck survived but was taken to a local hospital in serious condition.

Florida Motor Vehicle Code Section XXIII(316)(26)(116)(1)(b) requires drivers to move over from the closest lane from an emergency, utility, or service vehicle that is stopped on the side of the road performing professional duties. Drivers who fail to follow the move over law can be cited with an infraction offense. In the event of an accident that occurs because a driver failed to follow the move over law, the driver can be found negligent and responsible for damages to any other drivers who are hurt or suffer property damage as a result of a crash.

Two Killed in Florida Head-On Car Accident

Published on: August 31, 2021 | by Friedman Rodman Frank & Estrada, P.A.

A narrow, two-lane road is enough to make even the most skilled of drivers nervous. Sometimes, these roads lack a proper shoulder or only have an extremely narrow one. Often, no matter how carefully you drive on these roads, accidents happen. Unfortunately, because of the lack of space on two-lane roads, some of the accidents that take place are head-on collisions.

According to a recent local news report, two motorists were killed after a major head-on collision. Local authorities reported that the first vehicle, a sedan, was driving westbound when it veered suddenly into the path of an SUV driving in the opposite direction. Both drivers were killed in the head-on collision. The SUV driver was pronounced dead at the scene while the driver of the sedan was transported to a local hospital where he later was pronounced dead. A passenger of one of the vehicles remains hospitalized.

Although head-on collisions are rare compared to other types of car accidents such as rear-end accidents or hit-and-runs, the risk they carry should not be dismissed by drivers. Unfortunately, Florida, like other states, experiences its fair share of head-on collisions. Statistics estimate that only two percent of car crashes are head-on collisions, but that they account for well over 10 percent of driving fatalities. Thus, it is safe to say that head-on collisions are considered to be one of the most dangerous—and deadly—types of car accidents out there.

Miami Woman Exiting Disabled Vehicle Killed in Florida Turnpike Accident

Published on: August 31, 2021 | by Friedman Rodman Frank & Estrada, P.A.

Following a car accident, it can sometimes be hard to ensure that all the necessary details are taken care of. The adrenaline from the accident paired with needing to exchange information with the other parties, taking photographs of the damage, vehicles, and the scene, and calling local authorities can be an overwhelming process.

Although there is a lot of discussion as to what to do immediately after an accident takes place, there is significantly less discussion about what happens after the logistical tasks of exchanging insurance information and cataloging the accident are over. Many people assume that after an accident happens, sitting in or near their disabled vehicle on the side of the road is safe while they figure out the next steps. Unfortunately, this is not always the case—and choosing to do so without moving your vehicle can often have deadly consequences.

According to a recent news report, a Miami woman was killed after being struck while sitting in her disabled vehicle. The woman had been in a separate accident earlier and was sitting in her sedan in the left-hand lane of the turnpike when two sedans crashed into her. The first sedan rear-ended the Miami woman’s vehicle, which forced it into the concrete median and spun it around. The second car struck the driver’s side of the Miami woman’s car. Local authorities pronounced the woman dead at the scene, and one of the passengers of the sedans suffered serious injuries.

NHTSA Opens Formal Investigation Following Tesla Autopilot Crash

Published on: August 24, 2021 | by Friedman Rodman Frank & Estrada, P.A.

Tesla has been leading the autonomous car industry, and while these cars are an alluring glimpse into the future, they also pose many dangers to road users. These dangers primarily stem from a driver’s overreliance on the vehicle’s technological ability to operate the car safely. A 2018 Florida Tesla autopilot accident is a prime example of the company’s claims and user overreliance.

In that case, a Florida driver was traveling in his Tesla in Autopilot mode when he bent down to look for his phone. Neither the driver nor the vehicle’s technology realized the road was ending. The vehicle flew through a stop sign and red light and slammed into a parked Chevrolet. The tragic accident took the life of a 22-year-college student. The woman’s estate filed a lawsuit against the company, arguing that the vehicles are “defective and unsafe.” In addition, the estate settled a lawsuit against the Tesla driver. This incident was just one of several fatal accidents involving Tesla vehicles operating on Autopilot mode.

The company explains that Autopilot mode is a system that allows the vehicle to accelerate, brake, and steer without a driver. While the company publicly touts their advanced technology or “driverless cars,” their website states that Autopilot mode is designed to “assist” the driver with “burdensome parts” of driving. Further, the website now states that “current” Autopilot features require “active” driver supervision. Despite its name, the vehicles are not autonomous, and the vehicle’s manuals warn operators not to use the function on city streets.

Florida Man Sentenced 60 Years Following Fatal DUI Accident

Published on: August 18, 2021 | by Friedman Rodman Frank & Estrada, P.A.

Sometimes, no matter how careful we are on the road, what other drivers do is out of our control. When reckless or intoxicated drivers, bad weather conditions, or other external factors occur, accidents are sometimes inevitable. When the factors are preventable or at least avoidable, however, those who are responsible should be held accountable—especially if the accident that takes place results in significant injury, death, or property damage.

According to a recent Florida news report, a local man was recently sentenced to 60 years in prison following a fatal drunk driving accident that left a couple and their unborn child dead. A jury convicted the man of DUI manslaughter, leaving the scene of a car accident involving a death, and driving with a permanently revoked driver’s license. In 2018 when the initial accident took place, investigators said that the man was heavily intoxicated and driving the wrong way when he hit the couple’s car. He subsequently fled the scene and hid for hours in a ditch until local authorities located him. The man’s records indicated that he had a history of reckless driving, with five previous DUI arrests and his license revoked.

In Florida, like other states, loved ones of a deceased individual may have grounds to bring a wrongful death lawsuit if the deceased passed away because of another individual’s actions. Florida law defines wrongful death as taking place when an individual causes another’s death through a “wrongful act, negligence, default, or breach of contract or warranty.” Negligence-based accidents, such as reckless drunk driving accidents, for example, could serve as grounds for bringing a wrongful death suit.

Florida Is the Most Dangerous State for Pedestrians

Published on: July 15, 2021 | by Friedman Rodman Frank & Estrada, P.A.

While walking is an excellent way for people to get around while improving their health, it also poses many dangers, especially in South Florida. According to a recent report by a pedestrian-safety organization, Florida ranks as the most dangerous state in the nation for pedestrians. South Florida, in particular, ranks as the 13th most dangerous region. The agency uses its Pedestrian Death Index (PDI) to rank states and metro areas. The PDI utilizes risk by calculating the number of people hit and killed by motorists while walking. Even when pedestrian accidents don’t result in fatal injuries, pedestrians tend to face the most serious of injuries after an accident. The most severe injuries include brain trauma, spinal injuries, fractures, lacerations, paralysis, and loss of limbs.

During the last data collecting period, South Florida experienced 1,675 pedestrian deaths, about 2.8 deaths per 100,000 Florida residents. The report revealed that older adults, people of color, and those residing in lower-income neighborhoods had the highest risk of fatal pedestrian accidents. Black residents suffered fatal injuries at a rate over 80% more than White and non-Hispanic residents. Low-income individuals are more likely to suffer fatalities because their neighbors often lack sidewalks and marked crosswalks. Further, older adults may experience serious injuries and fatalities because they often face challenges in sight, hearing, and movement.

Pedestrian accidents in Florida tend to occur more frequently at night and in cities. For instance, recent Jacksonville news reports described a tragic pedestrian accident. The pedestrian was struck by a vehicle around 2:40 a.m. while she was walking northbound on 1-95. A pickup truck hit the woman, and she died at the scene of the accident.

Florida Car Accident Kills Two, Injures Four Others

Published on: July 9, 2021 | by Friedman Rodman Frank & Estrada, P.A.

With more than 500 motor vehicle accidents occurring each day in Florida, these accidents make up the largest source of personal injury claims in the state. Last month, a tragic two-car accident killed a 13-year-old girl and one adult. Four others were injured in the fiery crash.

According to reports, the accident occurred when the driver of a pickup truck traveling eastbound in Volusia County failed to slow down while approaching an SUV traveling in front of him. The truck struck the SUV, which then flipped and exited the roadway before hitting a tree, where it caught fire.

The driver of the pickup truck and a 13-year-old passenger in the SUV were pronounced dead at the scene of the accident, with four others in the SUV incurring minor injuries.