Articles Posted in Car Accidents

This Wednesday, a Brooksville jury awarded Angela Stone, a mother who lost her 12-year-old daughter in a DUI crash, $330 million in civil damages for wrongful death. This verdict is believed to be the largest award of its kind in Hernando County history. Tony Marrero from the St. Petersburg Times interviewed the jury foreperson after the verdict was rendered and she said that the award was so large because the jury felt that “Nothing can compensate her [the mother]…but if the figure that sits in the newspaper looks so enormous it stops one person and spares one family that kind of tragedy, it’s enough.”

The Defendant, Christopher Marcone is already serving 13 years in Florida State prison for DUI manslaughter. It is unlikely that Ms. Stone will recover the entirety of the $330 million, since the defendant is incarcerated, but that’s not really the point.

What’s important to take away from this case is that many people do not know what rights they have when they lose a loved one to a DUI crash. When someone dies in a DUI accident caused by another driver, the personal representative from the decedant’s estate has the ability to file a wrongful death lawsuit and to ask for punitive damages, not just compensatory damages. Under Florida law, there is no cap on punitive damages. However, there is a sort of “race to the courts” in wrongful death cases because the estate representative has only two (2) years to file their lawsuit. And in order to do this, they must first set up an estate on their loved one’s behalf to be able to sue.

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Erin Sullivan of the St. Petersburg Times reports that in a wild series of events, a twenty-year-old Hernando County resident went from being an injured passenger in a traffic accident in Holiday, Florida to becoming a resident of the Pasco County Jail in Land O’ Lakes.

Apparently, the young man was headed back from Clearwater Beach when a female companion who was driving got into a motor vehicle accident. When she exited the car to presumably exchange information with the other driver, the story goes that this young man took the car and wound up in a high-speed chase with a Pasco County Deputy that ended in an accident. The last stop for this car chase was rear-ending a stopped vehicle at a red light that upon impact rear-ended the vehicle in front of it. Ultimately, he was involved in two accidents and was charged with Aggravated Fleeing & Eluding.

The several victims of this car chase will be faced with some interesting legal challenges. Namely, the attorneys for the several insurance polices that may or may not be applied to this accident or event will be considering their position in relation to the alleged events. Because the taking of the car, by the twenty year old in jail, may be considered an intentional tort and/or driving without permission (non-permissive driver), a defending insurance company may have a “coverage defense” for the accident. Ultimately, several insurance policies will need to be vetted by the Pasco County Injury Attorney before any injured party from this accident resolves their case.

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According to news reports, an 18-year-old was in critical condition after a traffic crash landed him in Tampa General Hospital with serious injuries. According to the preliminary reports, the driver allegedly attempted to merge into traffic at State Road 54 from the shoulder and lost control of his Volkswagen. Ultimately, according to the Florida Highway Patrol, his Volkswagen hit a utility pole and a tree.

At the time of this post, neither the driver nor any of the other drivers were charged in the accident. It does appear that the 18-year-old was wearing his seat belt; however, liability for the incident has not yet been determined from the State of Florida’s point of view.

Most drivers who are injured in accidents have written traffic citations to believe that they are forbidden from recovery in civil court for injuries. In fact, the liability or fault of any accident rests solely with a jury, and no insurance company or judge can ever tell someone that because they were ticketed, they aren’t entitled to compensation.

It is well-settled under Florida law that the jury is the lone determiner of liability. To that end, the fact that a citation was written in an accident is inadmissible in a trial.

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Reports indicate that a Brooksville, FL car accident involving a 2003 Toyota resulted in a car slamming against a tree several miles east of town. Florida Highway Patrol is investigating this Brooksville car crash, but preliminary reports show that the accident only allegedly involved one motor vehicle.

Legally speaking, there are two probable legal actions which will accrue from this event. There could be wrongful death action if it can be shown by the personal representative of the estate of the driver that the accident was caused by another motorist or defect in the road or the car he was driving. In addition, the passenger of the vehicle has been listed in serious condition and would have a viable motor vehicle negligence action if applicable insurance policies exist. As a passenger, of course, it is extremely rare that any liability could be attributed to him, so the real legal issue is how much are his damages (injuries) worth and whether or not they can be linked to the accident (causation).

Many folks are confused by these types of cases, but as an example, the passenger of the motor vehicle could bring an action against the driver’s BI coverage and then, if applicable, could have a remedy available against both the driver’s UM and his own UM.

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Hernando County authorities have been busy of late with pedestrians struck by Florida drivers. According to the Hernando Times’ Kyle Martin, a 35-year old Spring Hill woman was recently hit by a Jeep Laredo as she walked on the side of Amero Lane in Spring Hill–the unincorporated population center of Hernando County, Florida.

Reports indicate the Spring Hill woman’s condition is critical. It is unclear what the circumstances surrounding the pedestrian’s actions or the inaction of the driver to avoid the auto accident.

Spring Hill Personal Injury Lawyer Jason Melton represents victims of car crashes where a pedestrian is injured. Assuming the fault of the auto injury falls upon the driver of the Jeep Laredo, it is commonplace in such an accident that both the Bodily Injury (BI) Auto Insurance coverage of tort feasor (here, that would be the driver of the Jeep Laredo) and the Under or Uninsured Motorist (UM) Auto Insurance coverage of the injured party would come into play.

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According to the Hernando Times, a 51 year old Brooksville, FL man was struck by an unknown automobile or truck on Broad Street while riding his bicycle. The man was discovered by a passing driver, but unfortunately he passed away at Brooksville Regional Hospital due to his injuries.

The driver of the offending vehicle, to date, has yet to be found.

When a car crash is caused by an unknown driver, it is commonly referred to as a “phantom vehicle.” This terminology is important when representing families on behalf of those seeking compensation for a lost loved one in a wrongful death lawsuit or a simple automobile injury case where the car or truck that caused the accident is unknown.

In Florida, there are two forms of financial protection from an accident such as this. First, every automobile insurance policy in Florida contains No Fault or PIP Benefits. These benefits can used for injuries despite who caused the the accident or thewhether the other car or truck driverhad insurance. But most importantly, this is a case where your Under or Uninsured Motorist Coverage can come into effect. Because a “Phantom Vehicle” is by definition not insured, your coverage will act in the place of this the phatom driver’s carrier.

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