All motorists have an obligation to obey the rules of the road, including passing only when it is legal and safe to do so. If your loved one was killed in an accident caused by someone improperly passing, you have legal options. We know that the untimely death of a loved one is a devastating experience, which is why we will advocate for you in a sensitive yet competent manner. Wrongful death cases are complicated so having the right attorney on your side can be the difference between winning and losing a case. As highly skilled Miami car accident attorneys, we are proficient in Florida wrongful death law and can help families determine who may be at fault and the degree of their liability.
A 26-year-old woman died following a car accident in September, 2019. The crash took place on State Road 80 in Hendry Country. Florida Highway Patrol Law (FHP) says a man and six-year-old boy were driving east on a curve in the road while the 26-year-old woman was traveling west. FHP explained that the man tried to pass slower traffic in a no passing zone. Both he and the victim tried to avoid a crash, swerving towards the shoulder but ended up hitting each other. Tragically, the woman died at the scene while the man suffered severe injuries and was rushed to the hospital.
If a person dies as a result of the negligence of another person, certain surviving family members of that deceased person may be able to sue for wrongful death. Under Florida law, a wrongful death occurs when a victim loses his or her life as a result of someone else’s misconduct or gross negligence. To prove negligence took place, the plaintiff bears the burden of proving the following elements by a preponderance of the evidence: