Switch to ADA Accessible Theme
Close Menu
Tampa Car Accident Lawyer
FREE Consultations Available
813-217-5715
TAMPA
Tampa Car Accident Lawyers > Blog > Car Accidents > Wrong-Way Wreck in Citrus County Kills One, Injures One

Wrong-Way Wreck in Citrus County Kills One, Injures One

WrongWay2

The results of a deadly crash on Highway 19 are certain, but the responsibility is far from certain.

According to the Florida Highway Patrol, a 66-year-old Clearwater woman was northbound on the southbound side when she hit a 19-year-old Crystal River man, who was driving a pickup truck. An approaching 53-year-old Crystal River woman, who was driving an SUV, did not see the wrecked vehicles and smacked into them. The Crystal River man was killed and the Clearwater woman was seriously injured.

None of the names were released.

Head-On Wrecks/Wrong-Way Wrecks

For liability purposes, there is often a significant difference between a wrong-way collision and a head-on collision. Typically, a wrong-way collision implies that the tortfeasor (negligent driver) was steadily operating on the wrong side of the road. A head-on wreck implies that the tortfeasor suddenly drifted over the center line, often due to erratic driving.

Wrong-way wrecks usually involve the last clear chance doctrine. This doctrine sometimes applies in head-on wrecks, but it is not as common in these claims.

All noncommercial drivers have a duty of reasonable care at all times, regardless of the environmental, traffic, or other conditions. That duty includes a responsibility to avoid wrecks when possible. That ongoing duty is at the heart of the last clear chance rule.

Assume Freddy, who was southbound on Main Street, and Shaggy, who was northbound on Main Street, collide. If Freddy previously took a wrong turn and was driving on the wrong side of the road, Shaggy should have seen him and should have avoided the accident. But if Freddy was driving erratically, pulled over the center line, and hit Shaggy, there is probably no way Shaggy could have avoided the crash.

Certain external factors usually come into play. For example, if Freddy was rounding a curve, Shaggy might not have seen him until it was too late. Or, if traffic was heavy and Shaggy swerved to avoid Freddy, Shaggy might have caused a worse wreck than the one he might have prevented.

Chain-Reaction Wrecks

Wrong way/head on wrecks are factually complex, and chain reaction wrecks are procedurally complex. In 2006, Florida decision makers significantly changed the law with regard to joint and several liability, an obscure legal concept which often only comes up in this context.

Let’s modify the above example a bit. Assume that Freddy hit Shaggy and then Velma, who was not watching the road very closely, slammed into the wrecked vehicles. If Shaggy is injured, it’s not clear whether Freddy’s crash or Velma’s crash caused those injuries.

In many states, the judge must divide responsibility for damages between Freddy and Velma based on their percentage of fault. But Florida is now one of only fourteen pure several liability states. As far as the law is concerned, either Freddy or Velma could be 100 percent responsible for the crash. They could divide responsibility between themselves, but Shaggy could pursue a claim against Velma or Freddy. Most likely, a Tampa car accident attorney would pursue a claim against the tortfeasor with the most insurance.

Compensation in a car wreck case usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. 

Reach Out to Dedicated Lawyers

Car crashes often cause serious injuries. For a free consultation with an experienced personal injury attorney in Tampa, contact The Matassini Law Firm. Our attorneys can connect victims with doctors, even if they have no insurance or money.

Resource:

tbreporter.com/traffic/wrong-way-crash-on-u-s-19-kills-one-critically-injures-another/

https://www.matassinilaw.com/triple-fatal-vehicle-collision-in-westchase/

Facebook Twitter LinkedIn

The experience you need in your pursuit of justice

The greatest distinguishing feature among attorneys is their level of experience. Our firm has more than 60 years of legal experience, much of it spent in the courtroom at trial. As a result, our Tampa personal injury lawyers rarely encounter an unfamiliar situation and can thoroughly answer your urgent questions. Our criminal defense practice features a board certified criminal trial lawyer and two former prosecutors with impressive knowledge of trial tactics and procedures.

The resources to provide quality representation for the length of your case

Whether your case involves medical malpractice, an auto accident or a wrongful death, your attorney must be prepared to take the case all the way through trial to verdict. Many personal injury attorneys advance the cost of litigation, so they can only last so long before financial pressures start to mount. As a client, you have to wonder whether an attorney's advice to settle your case reflects the quality of the offer or your attorneys need to get paid. Fortunately, The Matassini Law Firm has the resources to pursue civil verdicts and settlements that reflect the actual value of your case.

Call our Tampa Bay car accident lawyers for a free consultation

A crisis in your life calls for capable and compassionate assistance. The Matassini Law Firm, P.A. addresses your needs all the way through the legal process. For your free initial confidential conference with one of our Tampa car accident attorneys, call us today at 813-217-5715 or contact us online.

Share This Page:
Facebook Twitter LinkedIn
888-377-0011
Toll Free
813-217-5715
Tampa
2811 W. Kennedy Blvd., Tampa, Florida 33609
GET DRIVING DIRECTIONS
+