An elderly couple were killed this week following a fatal two-car crash. The auto accident happened near the couple’s home in Fort Lauderdale, Florida. The couple were returning home to the Siesta Bay RV Resort on Summerlin Road when they crashed into a car coming out of the RV park and attempting to make a left turn. The couple were taken to a local hospital where, according to the Lee County Sheriff’s Office, they died.
Although investigations continue, the couple, aged 87 and 89, are considered responsible for the accident due to a failure to yield. Alcohol is not considered to have been a factor in the incident.
Based on the accident report and subsequent media coverage, it does not seem like the other driver was injured. However, if they were, it is likely that they will be able to seek compensation for their injuries from the couples’ estate. This is because Florida law allows the victim of a motor vehicle accident to be compensated for their injuries. To get compensation, the other party will have to file a lawsuit against the couple. As in the case at hand, the suit would pass to their estate.
The injured party would start by showing that the couple were either negligent or reckless. In the case at hand, their failure to yield would be considered negligent driving. Next, one would have to demonstrate that this failure to yield caused the accident and that the accident is what caused their injuries. The injured party would further have to show that they in no way contributed to their injuries via a negligent act of their own. For instance, if the injured party failed to turn on their headlights and this contributed to the elderly couple not yielding, then the injured party would be found to be negligent too. In this scenario, any award of damages would be decreased by the factor that their failure to turn on their headlights contributed to their injuries.
Seeking compensation for your injuries can be a complex situation. To ensure you receive the compensation you deserve, it is important to contact a skilled personal injury lawyer.
James O. Cunningham
Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.
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