Pursuing personal injury claim when responsible party is deceased

When a person chooses to travel in Florida as a passenger in another person’s vehicle, there is always a certain amount of risk involved. One has the right, however, to reasonably expect that the person behind the wheel will drive in a cautious manner in accordance with all traffic and safety regulations. Negligence and/or recklessness can lead to a passenger’s personal injury if an accident occurs.

It is sometimes difficult to determine the exact cause of a motor vehicle collision. When a person is injured in a crash, medical bills, loss of wages and other recovery costs can bring undue financial debt for which the victim was not prepared to pay. The law protects accident survivors in such situations by allowing them to file personal injury claims in civil court when an accident is believed to have been caused by another party’s negligence.

Recently, a car was traveling on Interstate 10, and the driver reportedly attempted to use an exit ramp. For reasons still unknown, he seems to have lost control of his steering. The vehicle veered off the road, crashed into a wrong-way sign and rolled over several times before coming to a halt.

The driver at the time of the crash did not survive his injuries. The 19-year-old passenger in the vehicle, though still alive, suffered serious personal injury and was transported to an area hospital for emergency care. The specific cause of the accident was not mentioned; however, in similar incidents in Florida, when drivers have been deemed negligent but have suffered fatal injuries, surviving victims are entitled under the law to file claims for monetary damages against their estates.

Source: tallahassee.com, “Florida Highway Patrol investigating fatal car crash“, Nubyjas J. Wilborn, Dec. 20, 2015