Wrongful Death

Holding Drivers Accountable After Deadly Florida Turnpike Collisions

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

If you lost someone in a crash like the one that occurred recently on Florida’s Turnpike near Fort Pierce, you may have the right to bring a wrongful death claim. According to CBS News Miami, three individuals were killed after a semitruck made a prohibited U-turn across the median. The truck’s trailer blocked the northbound lane, and a minivan collided with it. All three occupants of the minivan were pronounced dead at the scene.

When commercial drivers disregard highway safety rules, families are left dealing with trauma that never should have occurred. In this case, the truck reportedly used an unauthorized median crossover to turn around. These crossovers are not meant for such maneuvers, especially by large vehicles that cannot accelerate quickly enough to rejoin highway traffic without creating a hazard.

Florida law provides a legal path for surviving family members to hold negligent drivers and their employers responsible. If someone you love died in a similar incident, a wrongful death lawsuit may allow you to recover damages for funeral expenses, lost income, emotional loss, and more.

What Makes This Type of Crash Legally Actionable

Truck drivers must follow specific restrictions on Florida highways, especially when it comes to median use. Certain crossovers exist for authorized emergency vehicles or maintenance crews. When a truck driver attempts a turn in one of these zones, the risk to other drivers increases sharply. The CBS News report makes clear that this turn happened at a point where trucks are prohibited from maneuvering.

That decision created a deadly roadblock. A vehicle traveling at highway speed has little time to react when a trailer stretches across the lane. In a wrongful death case, evidence that the truck driver violated route guidelines may serve as strong proof of negligence. That evidence could include crash reports, eyewitness statements, dash cam footage, and highway surveillance.

Why These Cases Demand Swift Investigation

After a fatal crash, time works against you. Commercial carriers may repair or destroy the involved vehicle within days. They might also erase black box data or overwrite video that could prove how and why the crash happened. In the Fort Pierce collision, key details about the maneuver and point of impact could shape the outcome of any civil case.

By working with a legal team immediately, you can issue preservation requests and coordinate expert reviews of vehicle data. These steps give you the best chance to demonstrate what occurred and why the victims had no opportunity to avoid the crash.

Damages You May Pursue in a Wrongful Death Claim

Wrongful death cases in Florida allow certain relatives to seek both economic and emotional compensation. If you are a spouse, child, or dependent, you may be entitled to damages for lost income, funeral and burial costs, and loss of companionship. In rare cases involving extreme recklessness, the court may also consider punitive damages.

Florida courts examine the age, health, earning history, and relationships of the deceased when awarding compensation. A thorough case will include financial documentation, medical records, and detailed testimony showing how your family has been affected. Every piece of information helps paint a fuller picture of the loss and its impact.

Speak With a Florida Wrongful Death Lawyer Today

If someone in your family was killed in a crash involving a commercial truck or reckless driver, you have every right to seek accountability. The loss may feel too heavy to process, but acting quickly gives your case the strongest possible foundation. With the right legal support, you can protect your family’s future and pursue justice with confidence.

Call Friedman Rodman Frank & Estrada today at (800) 654-1949 to schedule a free, confidential consultation. Let us help you understand your legal rights and begin the path toward recovery.

Wrong-Way Crash on Palmetto Expressway Kills Passenger and Raises Legal Questions

Published on: July 4, 2025 | by Friedman Rodman Frank & Estrada, P.A.

When a vehicle enters a highway going the wrong direction, the outcome can be devastating. That is exactly what happened in Miami last week, when the Florida Highway Patrol reported a deadly crash involving a wrong-way driver on the Palmetto Expressway near NW 122nd Street. The collision claimed the life of a 36-year-old passenger in the front seat of one of the cars. Investigators say a 2018 Chevy sedan entered the northbound lanes while heading south, slamming head-on into a 2022 Hyundai.

If your loved one was hurt or killed in a similar crash, you may be wondering who can be held legally responsible and how Florida law applies. These are not easy questions, especially in high-speed collisions that result in sudden and permanent loss.

Who Can File a Wrongful Death Claim After a Fatal Crash in Miami?

What You Can Do After Losing a Loved One to a DUI Crash in Florida

Published on: April 10, 2025 | by Friedman Rodman Frank & Estrada, P.A.

Losing someone in a violent crash caused by a drunk driver is a pain no family should ever have to endure. In Florida, when an impaired driver causes a fatal accident, surviving relatives may have the right to pursue a wrongful death claim. These civil cases can help secure compensation for the financial and emotional losses suffered and hold the responsible party accountable, even if they face no criminal charges.

Surveillance footage from an August 2024 crash in downtown Miami has recently come to light, showing the devastating moment when a white vehicle sped through an intersection and collided with two others. Two men lost their lives, and the alleged driver now faces charges for DUI manslaughter, reckless driving, and other serious offenses. Florida law treats impaired driving resulting in death as both a crime and a civil wrong, giving victims’ families legal options to seek justice through the courts.

Florida’s Wrongful Death Law Allows Families to Seek Accountability

When a reckless or impaired driver causes a fatal accident, Florida’s Wrongful Death Act allows certain family members to file a lawsuit for damages. Under Florida law, the claim must be filed by the decedent’s personal representative, who seeks compensation on behalf of the surviving spouse, children, parents, and others who depended on the victim for support.

Compensation can cover:

Medical expenses related to the fatal injury;
Funeral and burial costs;
Loss of companionship and protection;
Lost income and support the deceased would have provided; and
Emotional pain and suffering of surviving family members.

These claims can help families recover financial stability during a time of grief and uncertainty.

Who Can Be Held Responsible for a Fatal Workplace Accident?

Published on: February 5, 2025 | by Friedman Rodman Frank & Estrada, P.A.

A tree trimmer lost his life in a horrific accident in Ocean Ridge while working on his first day at a new job. Witnesses saw him get caught in a wood chipper, and by the time coworkers reached the machine, it was too late to stop the equipment. His family, living in Mexico, now faces the devastating loss of a loved one while authorities continue their investigation.

Accidents like this raise critical questions about responsibility. Employers must provide safe working conditions, but safety regulations are not consistently enforced in industries like landscaping, where seasonal workers are often hired. If the employer fails to follow proper safety protocols, the equipment malfunctions, or someone fails to act quickly, liability may extend beyond workers’ compensation benefits. Homeowners hiring landscaping services may also wonder whether they bear any responsibility when a worker is injured or killed on their property.

Safety Requirements for Seasonal and Temporary Workers

Hit-And-Run Crash Leaves Pedestrian Dead in Little Havana, Miami

Published on: April 23, 2024 | by Friedman Rodman Frank & Estrada, P.A.

Unfortunately, Florida is often ranked very high on the list of states with the highest number of hit-and-run accidents each year. Through August of 2022, Florida had already reported 52,791 hit-and-run car accidents throughout the state. Additionally, hit-and-run accidents resulted in 11,494 reported injuries and 119 fatalities in Florida in 2022. There are many reasons why a driver may flee the scene after an accident. The primary motivating factor is likely that the driver wants to avoid the legal or financial consequences of the accident. Depending on the cause of the crash, drugs, alcohol, outstanding warrants, texting, or distracted driving, there could be serious legal ramifications, leading to the driver leaving the scene. Other reasons, such as lacking proper insurance, holding a commercial driver’s license, or driving the vehicle without permission, could result in significant financial consequences for the driver, leading them to flee the scene.

Florida drivers and pedestrians should be aware of some of the elements involved in calculating pain and suffering damages after an accident. Such factors can be used to determine the value and compensation in court after a crash or auto accident. (1) the type of injury and seriousness of the harm, (2) the amount of recovery time required, and (3) the necessary treatment required by the injury. These issues are related to each other. For example, generally speaking, if your injury is more serious, the recovery time and treatment required will be more elaborate, and will often result in greater compensation. Subsequently, if your injury is relatively minor and there is not a ton of pain associated with it, any damages awarded may be on the lower end. A recent news article discussed a fatal Miami hit-and-run crash.

According to the news article, Miami police are investigating a fatal hit-and-run crash that occurred on the evening of Tuesday, March, 12, around 8:39 pm. According to police, the crash involved a car and a pedestrian in the area of Southwest Eighth Avenue and Eighth Street in the city’s Little Havana neighborhood. Police said officers arrived at the scene and found a man who had been struck by a car. Miami Fire Rescue personnel transported him to Jackson Memorial Hospital’s Ryder Trauma Center, where he later died. According to authorities, the victim was crossing Eighth Street, from north to south, at Eighth Court. Police said the driver would not have been cited since the victim wasn’t supposed to be crossing in that area, but the driver chose to flee the scene and will be criminally charged if found.

Federal Circuit Court Affirms Lower Court Ruling in Fatal Florida Car Accident Case

Published on: November 30, 2023 | by Friedman Rodman Frank & Estrada, P.A.

Recently, the United States Court of Appeals for the Eleventh Circuit issued an opinion in an appeal involving a negligence and vicarious liability claim by the Plaintiffs-Appellees, the estates of four women who died in a car accident, against the Defendant-Appellant, Discount Rock & Sand, Inc. Following the fatal car accident, the women’s estates sued Carlos Manso Blanco, the driver who rear-ended their car, for negligence, and the estates sued Blanco’s employer, Discount Rock & Sand, Inc., for negligently entrusting the company’s truck to Blanco and for vicarious liability for Blanco’s negligent driving. After the estates and Blanco settled, the district court ordered the estates to file a stipulation of dismissal under Federal Rule of Civil Procedure 41(a), which they did. Based on the stipulation, the district court ordered the dismissal of the claim against Blanco. The remaining claims against Discount Rock went to trial, and the jury found the company liable and awarded nearly $12 million in damages to the estates. Discount Rock then appealed the judgment.

Facts of the Case

In March 2018, four Spanish citizens vacationing in the Florida Keys were killed in an automobile accident. The four women were traveling northbound on U.S. Route 1 (the Overseas Highway) and stopped near mile marker 79 to turn left into a scenic viewing area. Two vehicles, driven by Cheyenne Del Okeyes and Eduardo Ponce, passed the women’s Nissan Rogue sport utility vehicle on the righthand shoulder. But a third vehicle—a truck outfitted with a large tank holding water and sewage and hauling a port-a-potty—slammed into the Nissan. The truck, which was owned by Discount Rock and driven by its employee, Blanco, propelled the Nissan into oncoming traffic, into the path of a recreational vehicle driven by Daniel Pinkerton. All four women died at the scene.

The women’s estates sued Blanco for negligence and Discount Rock for negligent entrustment and for vicarious liability for Blanco’s negligence. The estates sought compensatory and punitive damages. The estates and Blanco settled, while the remaining claims against Discount Rock proceeded to trial. At trial, the jury found Discount Rock liable and awarded nearly $12 million in damages to the estates.

One Killed in Fatal Forklift Incident

Published on: June 18, 2023 | by Friedman Rodman Frank & Estrada, P.A.

Industrial and equipment accidents are serious and can result in severe injuries or even death. According to the U.S. Bureau of Labor Statistics, from 2011 to 2017, over 600 workers were killed in forklift accidents in the United States and over 7,000 workers experienced nonfatal forklift injuries with days away from work every year. Forklift accidents only account for approximately 1% of all warehouse or factory accidents. Unfortunately, due to the dangerous nature of the equipment, forklift incidents are responsible for 11% of all physical injuries in warehouse or factory accidents.

The Occupational Safety and Health Administration (OSHA) estimates that more stringent training policies could prevent approximately 70% of forklift accidents in the United States. OSHA also projects that in total, between 35,000 and 62,000 forklift injuries occur each year. Concerningly, it is estimated that 36% of forklift-related deaths are pedestrians. Forklifts are so dangerous in part due to how they are deployed and in part due to how they are constructed. Loads are often carried in front of a forklift, blocking the driver’s view, increasing the chances of an accident. Forklifts are often used to raise heavy loads to considerable heights, resulting in dangerous circumstances. Forklifts also turn using rear wheels, increasing the chances of tipping over during tight turns. Additionally, forklifts can weigh up to 9,000 pounds and reach speeds of 18 miles per hour, making any forklift crash a serious collision. Lastly, forklifts only have breaks on their front wheels, making it harder to stop quickly and safely. A recent news article discussed a fatal forklift accident in Daytona Beach.

According to the news report, the accident happened on Monday, February 13, when a forklift operator moving materials from a truck ran over a woman in her 60s. The worker was part of a team working to repair a building that was damaged in Hurricane Ian. The Public Safety Director, Michael Fowler, stated that the worker did not see the pedestrian past the construction materials, causing him to hit her. According to the article, the driver was navigating using the space between two loads and never saw the pedestrian before hitting her. The woman was killed by the impact. The death has been classified as an industrial incident and will be investigated by the Daytona Beach Shores Public Safety and Occupational Safety and Health Administration.

Florida Appeals Court Reverses Lower Court Decision in Wrongful Death Case

Published on: February 8, 2023 | by Friedman Rodman Frank & Estrada, P.A.

In a recent case, the Fourth District Court of Appeals in Florida issued an opinion in an appeal involving a wrongful death complaint between the Appellee, the plaintiff who is a personal representative of the decedent’s estate, and the Appellants, Cleveland Clinic Florida Health System (Cleveland Clinic). The plaintiff sued Cleveland Clinic for wrongful death after the decedent was admitted to the hospital through the emergency room, and healthcare providers performed an intubation action that caused fatal brain injuries. The trial court made a non-final order granting the appellee’s motion to amend a wrongful death medical malpractice complaint to assert a claim for punitive damages.

The decedent was admitted to the hospital through the emergency room. When his condition deteriorated, healthcare providers performed an intubation action that caused fatal brain injuries. To support their claims, the appellee relied on comments purportedly made by the hospital’s chief medical officer following the decedent’s death and arguments related to the appellants’ general failure to follow current policy procedures, make changes to their policies, and use the incident as a teaching opportunity for its interns, residents, and fellows. At trial, the court ruled that proffered evidence showed the doctors and other health care providers were grossly negligent by, contrary to the emergency room physician’s recommendation, placing the decedent on a floor level with fewer observation checks, failing to attend to the decedent during the various emergency calls, and beginning intubation without proper supervision, causing the delayed intubation that led to the decedent’s death. To support the punitive damages claim against the hospital, the trial court found a jury could conclude that the hospital’s response to the incident reflects its “condonement and ratification of the provider’s gross negligence.”

On appeal, the Cleveland Clinic argues that the trial court erred in ruling that the plaintiff made a “reasonable showing” under section 768.72 to recover punitive damages. The appellate court reverses the lower court decision for two reasons. First, the appeals court found that the proffered evidence at the hearing failed to show that the healthcare providers involved were grossly negligent. Second, neither the complaint nor the proffered evidence demonstrated how the appellants’ actions either before or during the decedent’s treatment ratified or approved the healthcare providers’ alleged negligent conduct. The appellate decision stated that “appellee’s proffered evidence provided no reasonable basis for recovery of punitive damages, which are reserved ‘to express society’s collective outrage.’” Further, the opinion states that even assuming the proffered evidence demonstrated gross negligence by the health care providers, the trial court erred in finding that a jury could reasonably conclude that the appellants ratified or condoned that negligence to subject it to punitive damages. The appeals court points out that the trial court relied on conduct that post-dated the treatment of the decedent and that such actions are not admissible on the issue of punitive damages. Subsequently, the appellate court reversed the lower court order.

Florida Appeals Court Reverses Lower Court Decision in Wrongful Death Case

Published on: January 26, 2023 | by Friedman Rodman Frank & Estrada, P.A.

In a recent case, the Fifth District Court of Appeals in Florida issued an opinion in an appeal involving a wrongful death complaint between the Appellants, the plaintiff, and the Appellee, Stetson University. The plaintiff sued Stetson for wrongful death after Nicholas Blakely died from cardiac arrest during a Stetson football team practice. The trial court found that two identical releases signed by Blakely before the 2016 and 2017 seasons in order to play football were sufficiently clear to bar claims brought against Stetson arising from the cardiac death.

Blakely was a student and scholarship football player at Stetson in 2016 and 2017, his freshman and sophomore years of college. On August 28, 2017, he removed himself from an afternoon practice, complaining of dizziness and chest tightness. The assistant athletic trainer took his pulse, gave him water, removed his helmet, and loosened his pads before sending him over to some shade. Approximately forty to forty-five minutes later, Blakely collapsed. Although Stetson staff called 911 and attempted various emergency medical procedures, Blakely died after being transported to the hospital. The record evidence shows that during an April 2017 practice, Blakely had complained of chest tightness and had mentioned to trainers that he experienced chest tightness twice in high school. There is further record evidence that on the morning of August 28, 2017, Blakely informed the head football athletic trainer that he was not feeling well, complaining of a bad cough, chest congestion, and shallow breathing. The trainer believed he had a cold and did not refer him to the student health clinic, instead allowing him to participate in practice that day without restrictions.

On appeal, the plaintiff raised two issues. First, that the language in the release was insufficient to be enforceable as a matter of law, and second that genuine issues of material fact exist concerning the scope of the release and whether Stetson’s alleged tortious conduct fell within that scope. The appellate court decision found merit in the plaintiff’s first argument, subsequently reversing the final judgment entered in favor of Stetson, and thus did not feel the need to address the second issue. The opinion stated that the combined factors surrounding the release, including the language found within, allowed the court to determine that the exculpatory clause was not clear and unambiguous and that the trial court erred in granting summary judgment in favor of Stetson.

Florida Appeals Court Reverses Lower Court Decision in Wrongful Death Case

Published on: January 21, 2023 | by Friedman Rodman Frank & Estrada, P.A.

In a recent case, the Fourth District Court of Appeals in Florida issued an opinion in an appeal involving a wrongful death complaint between Appellants, known as “the School” and Appellee, the plaintiff. The plaintiff sued the School for wrongful death after her 13-year-old son committed suicide following the School’s request that he withdraw from the school for selling a cape pen to a classmate. The School filed a motion to dismiss or compel arbitration. The appeals court reversed the lower court decision, ruling that an order denying the School’s motion to dismiss or compel arbitration is reversed.

The plaintiff’s complaint alleged that the School violated its policies and procedures as well as a common law duty to assess and provide suicide prevention and crisis support to a disciplined student. The complaint further alleged that the School was negligent for failing to conduct a full investigation and imposing a punishment that had no basis in its policies and procedures. Notably, at least twenty of the plaintiff’s allegations implicated the School’s investigation of the incident and the appropriateness of the School’s disciplinary measures.

The School moved to dismiss the complaint or, in the alternative, to compel arbitration pursuant to the enrollment contract that the plaintiff signed when the child was admitted to the school. The enrollment contract provides that “in the event of a disagreement with [the school], or if I have a legal claim against [the school], I agree to address any such disagreement or claim through the process of conflict resolution, including Christian mediation and binding arbitration as outlined in the Parent/Student Handbook.” Additionally, the handbook contained a section prohibiting vape pens and provided that possession or use of a vape pen will result in the termination of enrollment. Ultimately, the trial court denied the School’s motion, concluding that the plaintiff’s son’s death did not arise out of her child’s enrollment at the school.