Triple Fatal Vehicle Collision in Westchase
Three local people are dead, and another one is in the hospital, after a Malibu ran a red light and smashed into an oncoming vehicle. Sadly, red light violations involving high speeds often produce devastating consequences. This tragic example was no exception.
If a driver runs a red light, emergency responders almost always fault that driver for a crash. But there might be a difference between fault at the scene and liability for damages.
There is a difference between a steady red light and an “orange light,” which is a light that turns from yellow to red. If a driver goes through a steady red light, or a light that has been red for several seconds, that driver is usually negligent.
But if a driver is trying to make a green light and gets caught in the intersection, negligence is more uncertain. The same thing is true if the driver makes a “California stop,” which is a rolling right turn on red.
Additionally, the last clear chance doctrine often comes up in intersection collision claims. All drivers have a duty of reasonable care, regardless of the circumstances. That duty includes a responsibility to avoid accidents when possible. So, if David saw Nathan run a red light and David did nothing to avoid the crash, David might be legally responsible, even though Nathan ran the red light.
The lesson is clear. If you were hurt in a car crash, always have a Tampa personal injury attorney evaluate your claim. Even if an emergency responder said you were at fault, you might be eligible for compensation.
This compensation usually includes money for economic losses, such as medical bills and lost wages, and noneconomic losses, such as pain and suffering.
Wrongful Death Damages
These claims are procedurally unique in Florida. They are not technically personal injury cases. Instead, since the estate files the claim, some personal injury rules do not apply. In other states, that’s not true. Either a personal, legal representative or a family member of the decedent can file a claim.
As a result, damages in a Florida wrongful death action are limited to pecuniary losses. These losses include:
- Lost future financial support,
- Medical bills associated with the decedent’s final injury or illness,
- Funeral and burial expenses,
- Lost future emotional guidance, and
- The decedent’s pain and suffering.
If the decedent was a young person, as was the case in the above story, future lost financial support is often difficult to calculate. Attorneys frequently partner with accountants and other financial professionals in these situations.
Surviving family members might be able to obtain compensation for their own pain and suffering, under a theory like negligent infliction of emotional distress.
Work with Dedicated Lawyers
Car crashes often cause serious injuries. For a free consultation with an experienced Tampa car accident lawyer, contact The Matassini Law Firm. Our attorneys can connect victims with doctors, even if they have no insurance or immediate money for a medical treatment.