South Florida Personal Injury Lawyers Blog
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?
Florida’s Wrongful Death Act allows certain surviving family members to bring a civil lawsuit when another person’s negligence caused someone’s death. In this case, the passenger’s death may fall into that category, depending on the results of the FHP investigation.
Wrongful death cases in Florida may be brought by the deceased person’s spouse, children, parents, or a personal representative of the estate. Damages can include medical and funeral costs, mental pain and suffering, and loss of companionship and support. These claims are separate from any criminal charges the driver may face.
Why Fault Matters in a Wrong-Way Collision Case
Establishing who caused the crash is critical. If a driver enters a highway going in the wrong direction, the law may consider that behavior reckless or even grossly negligent. In this case, early reports suggest that the Chevy was traveling the wrong way and hit the Hyundai head-on, killing the passenger and seriously injuring the driver.
If the investigation confirms the wrong-way driver was at fault, the victims and their families may have strong legal claims. However, other factors such as road signage, lighting, or construction may also play a role in determining liability. In some cases, government entities or contractors may share responsibility for conditions that made a wrong turn more likely.
What if the At-Fault Driver Did Not Survive the Crash?
Sometimes, the wrong-way driver is killed in the crash. When that happens, survivors may still pursue a legal claim against the driver’s estate or insurance provider. Florida law does not require the responsible party to be alive for a civil case to move forward. You can still seek damages for your losses, and these cases often rely on witness statements, crash reports, surveillance footage, or expert accident reconstruction.
How Insurance Coverage May Affect Your Family’s Recovery
When a fatal car accident occurs, insurance coverage often plays a central role in the legal process. Florida is a no-fault state for personal injury protection (PIP), but wrongful death claims fall outside of that system. In a fatal crash caused by a wrong-way driver, your ability to recover compensation may depend on several types of insurance.
The at-fault driver’s bodily injury liability (BIL) coverage is usually the first source. If the driver carried a policy, the insurer may be required to pay damages up to the coverage limits. However, some drivers carry only the minimum or have no insurance at all. In those cases, your own uninsured or underinsured motorist (UM/UIM) coverage may apply, even if you were not driving.
Talk to a Miami Personal Injury Lawyer Who Will Not Let You Be Ignored
After a serious accident, you deserve more than polite apologies or confusing insurance paperwork. You need an attorney who will take your case seriously, thoroughly investigate every angle, and aggressively pursue full and fair compensation. At Friedman Rodman Frank & Estrada, our legal team helps people across South Florida hold negligent parties accountable. We know how physical pain and financial pressure can change everything. Let us take on the legal burden so you can focus on healing. To schedule your free consultation, call us today at 877-448-8585.