What charges and claims may be filed after a fatal car crash in Daytona Beach Florida?

A driver who causes a death in a car accident is more likely to face a wrongful death civil suit than a criminal prosecution. However, the possibility of criminal charges exists, especially when a driver kills or badly injures a person. Call an attorney to discuss the case.

Dangerous roadway.

Interstate 95 is heavily traveled near Daytona Beach and has seen its share of roadway fatalities and multi-vehicle crashes due to construction, heavy traffic, reckless drivers, intoxicated drivers, distracted drivers, mechanical failure and other scenarios where someone is injured or dies.  News reported a young man’s death as a result of a crash in Daytona Beach that occurred when the driver of the vehicle where he was a passenger left the roadway and hit a tree subsequently killing him.

Fault.

The cause of the accident was under investigation at which time a determination of fault can be made by professionals who have reviewed police reports, witness reports, car damages, roadway marks and other factors present at the time of the accident.

Wrongful death.

A wrongful death claim can be made against the driver of the car if it is found that he was negligent and that negligence caused the death of his passenger.  If an action for a wrongful death claim is decided by an insurance settlement, that amount will vary according to the circumstances of the accident and the insurance coverages available for the parties involved.  An attorney can review the case and give professional input after consultation with financial professionals and economists to see if the insurance settlement is fair, or if a case should go to court.  It is critical to have your wrongful death case examined carefully by a qualified attorney to determine if it is better to settle or to go to trial.  If there is clear evidence of negligence, it may be beetter to go to trial and prove that the death would not have happened if the other person had not engaged in misconduct or negligence. If the other party was clearly at fault, a wrongful death lawsuit will probably succeed. Wrongful death actions are often filed against drivers who did not follow traffic laws and cause serious accidents.

Florida insurance laws.  car accident lawyer in Daytona Beach Florida

Mandatory Insurance. State of Florida requirements are that motor vehicles must have current auto insurance coverage with a minimum requirement of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL).  If you have been previously convicted of certain offenses or been involved in auto accidents, the Florida Department of Motor Vehicles can request that you purchase additional auto insurance including bodily injury liability coverage (BIL).

No-Fault Car Insurance. The Florida No-Fault Law requires drivers to carry the PIP and this no-fault coverage pays the insured’s bills, regardless of fault, up to the limit of the $10,000.

Pure comparative Negligence (51% Rule).  Florida follows the “pure comparative negligence rule” meaning that if you were responsible for any part of the activities that led to your injury, the compensation you will receive will be adjusted in accordance with that percentage of fault assigned to you.

Statute of Limitations.

Florida has a two (2) year statute of limitations for property damage and personal injury claims including wrongful death. This means if a driver, passenger, or passerby is injured or sustains property damage at the hands of a negligent driver, the victim must file a lawsuit within the two (2) year period following the accident.

Compensation.   

Compensation for a wrongful death will be based upon factors used to arrive at a settlement figure including: age of the deceased,  earning capacity, overall health, income at the time of death, if there are any dependents, level of education or specialized training, medical bills and funeral costs.

Hire an attorney.

If you have lost a loved one due to a car accident in Daytona Beach Florida, contacting a knowledgeable attorney at The Graham Law Group to help with your potential claim and settlement is a wise decision.

Graham Law Group, LLC

140 South Beach Street, Suite 310

Daytona Beach, FL 32114

Phone: (407) 802-2968

 

Sources:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.7407.html

https://www.dmvflorida.org/