Car Accident

Orlando Crash Raises Questions About Wrongful Death Liability in Florida

Published on: June 12, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Tragedy struck earlier this month when two lives were lost in a violent two-car collision on Colonial Drive in Orlando. According to reports from the Florida Highway Patrol, the collision occurred near Hiawassee Road and involved a vehicle attempting a left turn into a parking lot. That car entered the path of an oncoming vehicle traveling in the opposite direction. The resulting crash left both occupants of the turning vehicle fatally injured, and the other driver was hospitalized.

Accidents like this are sudden and devastating. For the surviving families, the grief often mixes with confusion, financial pressure, and unanswered questions. In Florida, families who lose loved ones under such circumstances may be eligible to file a wrongful death claim.

What Qualifies as a Wrongful Death in Florida?

Under Florida Statutes Section 768.19, a wrongful death occurs when a person’s death is caused by the “wrongful act, negligence, default, or breach of contract or warranty” of another. This can include fatal car accidents resulting from careless driving, improper turns, failure to yield, distracted driving, or any violation of traffic safety laws.

The right to file a wrongful death lawsuit belongs to the personal representative of the deceased’s estate. This representative acts on behalf of surviving family members, such as a spouse, children, or parents, who suffer emotional and financial loss as a result of the death.

When Hit-and-Run Drivers Cause Fatal Injuries in Miami

Published on: May 29, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A recent hit-and-run crash in Miami took the life of a woman who was simply crossing the street. While the details continue to unfold, this tragedy highlights an issue that affects far too many families in South Florida. Hit-and-run collisions leave victims and loved ones not only coping with physical and emotional trauma but also searching for answers when the responsible driver disappears.

Florida law requires drivers involved in a crash to stop and provide information and assistance. When someone flees the scene—especially in cases involving serious injury or death—they violate both legal obligations and moral decency. For families left behind, the impact can be devastating.

Pedestrians Face Greater Risk on Miami Roads

Miami’s traffic patterns create heightened danger for those on foot. Busy intersections, poor lighting, and aggressive driving habits all contribute to the elevated risk. Many hit-and-run crashes involving pedestrians occur late at night or in the early morning hours, when visibility is low and traffic enforcement may be limited. Alcohol, distraction, and speeding are common contributing factors.

Even when a pedestrian follows the rules—using crosswalks and waiting for signals—the actions of a reckless driver can end lives in an instant. The absence of protective barriers between a person and a fast-moving vehicle means any contact can lead to catastrophic injury. If the driver fails to stop, the delay in emergency aid can be fatal.

What to Do After a Pedestrian Injury in a Florida Car Crash

Published on: April 20, 2025 | by Friedman Rodman Frank & Estrada, P.A.

If you were hit by a car while walking in Florida, you may be entitled to compensation for your injuries. Whether you were using a crosswalk or simply standing near the road, drivers have a legal duty to operate their vehicles safely around pedestrians. Florida law recognizes your right to recover damages if a driver fails to meet that duty and causes harm.

A recent crash in Miami highlights the seriousness of pedestrian accidents. Two women were hospitalized after a collision involving a police vehicle and another car near Northwest 47th Avenue and 7th Street. One of the women was listed in critical condition. Video from the scene showed a chaotic response, with police tape stretched around the intersection and heavy damage to both vehicles. Although full details are still under investigation, the victims face a long road to recovery, and their right to pursue legal action may depend on how quickly they act.

Drivers Must Yield to Pedestrians in Florida

Under Florida Statutes Section 316.130, drivers must yield the right of way to pedestrians in marked crosswalks and exercise proper care to avoid hitting anyone who is walking on or near a roadway. Failing to do so may lead to civil liability if someone is injured as a result.

Florida Product Liability and Punitive Damages in Tesla Autopilot Case

Published on: March 31, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Product manufacturers have a legal duty to design and market safe vehicles. When a company promotes a product as advanced or self-sufficient, it raises questions about responsibility when a failure leads to a fatal crash. In Florida, punitive damages are reserved for cases where a manufacturer’s conduct is so reckless that it rises to the level of intentional misconduct or gross negligence. A recent appellate decision reversed a trial court ruling that initially allowed a punitive damages claim against Tesla following a fatal Autopilot-related crash. The ruling highlights the high legal threshold required for punitive damages in product liability cases.

Tesla Autopilot and the Fatal Florida Crash

A driver operating a 2018 Tesla Model 3 engaged the Enhanced Autopilot system while traveling 69 miles per hour on US 441. Moments later, the vehicle collided with a semi-trailer truck that had turned into its path. The impact sheared off the top of the Tesla, resulting in an instant fatality. Crash investigators determined that the vehicle’s Autopilot system remained engaged leading up to the collision, with no braking, acceleration, or steering input detected for at least eight seconds before impact.

Florida Bad Faith Insurance Claims and Civil Remedy Notice Requirements

Published on: March 7, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Florida law allows policyholders to pursue bad faith claims against the insurer when an insurance company refuses to honor its policy obligations. However, before filing such a lawsuit, the policyholder must submit a Civil Remedy Notice (CRN) outlining the alleged violations and allowing the insurer to correct its conduct. A recent appellate decision overturned a lower court’s ruling that dismissed a bad faith lawsuit against Travelers Home and Marine Insurance Company, finding that the insurer had waived any objections to the adequacy of the CRN.

Florida Court Reverses Dismissal of Bad Faith Claim

A Florida driver sustained injuries in a 2011 rear-end collision caused by another motorist with a $10,000 insurance policy through GEICO. The driver had underinsured motorist (UM) coverage with Travelers and sought additional compensation under that policy. Travelers refused to provide benefits, prompting the insured to file a CRN in 2012, a necessary step in pursuing a bad faith claim under Florida Statutes § 624.155.

Under Florida law, a policyholder must submit a detailed CRN to both the insurance company and the Department of Insurance before filing a bad faith lawsuit. The insurer then has 60 days to correct the issue or pay the claim, thereby avoiding litigation. After Travelers did not resolve the dispute, the insured filed suit in 2013, leading to years of litigation over the insurer’s handling of the claim.

Miami-Dade Schools Police Officer and Deputy Injured in Miami Crash

Published on: February 28, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A Miami-Dade Schools Police officer and a Miami-Dade Sheriff’s Office deputy were hospitalized after their vehicles collided outside Northwestern Senior High School. The crash occurred at the intersection of Northwest 67th Street and 10th Avenue around 4:50 p.m. Emergency responders transported both individuals to Jackson Memorial Hospital’s Ryder Trauma Center. Authorities expect both to recover, but investigating the circumstances remains ongoing.

What Happens When a Government Vehicle Causes a Crash?

Collisions involving government vehicles raise unique legal questions. When a law enforcement car, fire truck, or other public service vehicle crashes into a civilian car, pursuing compensation requires different steps than a standard auto accident claim. The government has legal protections that do not apply to private citizens, and these protections can limit liability or set strict requirements for filing claims.

Holding a government agency accountable differs from filing a claim against a private driver. Florida’s sovereign immunity laws restrict lawsuits against state and local agencies but allow claims under certain conditions. Victims of government-related crashes must follow specific procedures, including filing a formal notice of claim within a set deadline. Failure to meet these requirements may prevent recovery for medical expenses, lost wages, and other damages.

Florida Appeals Court Orders New Trial in Personal Injury Case Involving GEICO

Published on: February 18, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A recent Florida appellate court decision highlights the importance of accurate legal terminology in personal injury litigation and the potential consequences of trial court rulings on jury perception. The case centers around an October 2019 car accident in which the victim was rear-ended by a motorist whose insurance coverage was insufficient to compensate for the injuries sustained fully. The following lawsuit ultimately led to a dispute over whether the trial court’s classification of the tortfeasor as “uninsured” rather than “underinsured” unfairly impacted the proceedings, prompting an appellate court to order a new trial.

The Facts Behind the Lawsuit

Following the rear-end collision, the victim suffered injuries that she alleged were permanent. At the time of the accident, she carried an automobile insurance policy with GEICO, which included uninsured/underinsured motorist coverage with policy limits of $250,000 per person and $500,000 per accident. The driver who struck her vehicle had bodily injury liability limits of $100,000, less than the total damages the plaintiff sought.

The victim and her husband initially filed suit against the at-fault driver, alleging negligence. As the litigation progressed, they amended their complaint to include GEICO, asserting that the tortfeasor was underinsured and the victim was entitled to recover damages through her uninsured/underinsured motorist policy.

Disputes Over Jury Instructions and Evidentiary Rulings

One of the central issues in the case revolved around how the at-fault driver was characterized in court. Before trial, the victim moved to prevent any mention of the tortfeasor’s insurance status, arguing that references to underinsured motorist coverage could lead the jury to speculate about settlements. The trial court granted this request, instructing that the tortfeasor should only be considered “uninsured.”

Who Is Responsible When a Delivery Worker Dies in a Traffic Accident?

Published on: February 11, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A devastating crash in Pembroke Pines has left a family searching for answers. A scooter rider lost his life after colliding with a car while completing a food delivery. Video from the scene showed the scooter trapped beneath the front of the vehicle, illustrating the severity of the impact. Family members now hope for justice as law enforcement investigates.

When a traffic accident results in death, Florida law allows surviving relatives to pursue compensation if another party’s negligence played a role. Fatal crashes involving delivery workers raise unique legal questions. Determining liability is essential, especially when corporate insurance policies, driver negligence, or hazardous road conditions contribute to a collision. Families left behind may be eligible to file a wrongful death claim to seek financial recovery for funeral costs, lost income, and emotional suffering.

Delivery Drivers Face Greater Risks on the Road

Scooter riders and cyclists delivering food or packages must navigate congested streets while competing for space with larger vehicles. Unlike those in cars, they have no physical protection when a crash occurs. Many work long hours in unpredictable traffic conditions, increasing their exposure to reckless drivers. Some accidents happen when motorists fail to check for scooters while making turns or changing lanes. Others occur when distracted driving, speeding, or failing to yield leads to a preventable collision.

While food delivery companies provide app-based platforms for workers, they typically classify drivers as independent contractors rather than employees. This distinction limits their legal responsibility when accidents happen, often shifting the burden onto individual drivers and their insurance coverage. However, certain circumstances may allow families to hold additional parties responsible for a fatal crash.

Determining Liability When a Rideshare Driver Causes a Fatal Accident

Published on: January 14, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Accidents involving rideshare drivers often leave victims and their families facing uncertainty about who is responsible. A recent fatal collision in Florida involving a rideshare contractor highlights the challenges of determining liability in such cases. The decision to clear the rideshare company of responsibility sheds light on the factors that influence accountability under Florida law.

Rideshare Contractor’s Status at the Time of the Accident

According to the judicial opinion, the tragic accident involved a rideshare contractor who had been disengaged from the platform for several months. Driving a personal vehicle after completing a private errand, the individual entered a roadway where the fatal collision occurred. Evidence showed the driver was not logged into the rideshare app and was not performing any tasks for the company at the time.

In court, the rideshare company successfully argued that it could not be held liable under these circumstances. Florida law requires a clear connection between drivers’ activities and rideshare duties to establish corporate responsibility. Since the contractor was on personal business, the court ruled in favor of the company.

The Role of Causation in Florida Car Accident Cases

Published on: December 5, 2024 | by Friedman Rodman Frank & Estrada, P.A.

A recent ruling by Florida’s Fifth District Court of Appeal emphasizes the critical role causation plays in personal injury claims following car accidents. In this case, a victim sought damages for injuries allegedly sustained in a 2019 rear-end collision. While the jury ultimately awarded over $1.6 million, the defense argued on appeal that causation remained a contested issue, and the trial court erred by removing it from jury consideration.

The appellate court’s decision to reverse the directed verdict on causation underscores the importance of proving the direct connection between the at-fault party’s negligence and the injuries claimed. In Florida car accident cases, demonstrating causation is often among the most challenging and hotly debated aspects.

What is Causation in Florida Personal Injury Cases?

Causation refers to the legal requirement that a victim must prove their injuries directly resulted from the at-fault party’s negligence. In car accident cases, this means showing that the at-fault party’s actions, such as failing to stop in time, caused the injuries for which the victim seeks compensation.