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.
Unfortunately, rear-end accidents like this one are common in Florida. Common causes of rear-end accidents include distracted or aggressive driving, hazardous weather conditions, and drunk or tired driving. In these types of accidents, the driver in the rear is usually held responsible for failing to stop. In fact, Florida law assumes that a driver who is rear-ended on the roadway is owed financial compensation. This so-called rear-end collision rule is complicated, however, and is best navigated with the help of an experienced accident lawyer.
Tragically, reports say that the deceased 13-year-old in this accident was not wearing a seatbelt, which was required by Florida law. Courts have held that not wearing a seatbelt at the time of a crash can be a partial defense in a personal injury case. In other words, failing to wear a seatbelt can lead to a reduction in the compensation that an injury victim is ultimately owed, even though the fact of wearing a seatbelt may have no bearing on whether an accident occurs. Experienced collision attorneys can help mitigate this defense in court so that victims and their families can get the compensation they need and deserve.
In rear-end accidents like this one involving serious injuries and death, victims can seek compensation against a negligent driver rather than relying only on an insurance claim. It is important for victims to seek medical care quickly to demonstrate to the court that they meet the threshold for serious injury. Claimants must also show that their damages, such as medical expenses and lost wages, exceed the total amount that could be obtained through an insurance claim. Personal injury lawyers can help accident victims account for their damages in full so that they can focus on healing.
Talk to a Florida Injury Lawyer Today
If you or a family member has been injured or killed in a Florida car accident, you may be owed compensation for medical expenses, lost wages and benefits, pain and suffering, and even funeral and burial expenses. With decades of combined experience handling personal injury cases, the dedicated lawyers at Friedman Rodman Frank & Estrada are here to help victims get the compensation they deserve. For a free consultation with a lawyer at our firm, call 877-448-8585 today.