A 38 year old female from Deltona, Florida was killed over the weekend after her car left the road and crashed into a nearby tree. According to the Florida Highway Patrol (FHP), the driver was driving her 2012 Hyundai sedan early Saturday morning on Oak Drive near the intersection with Riverview Avenue in Sanford when, for unknown reasons, the vehicle left the road and crashed into the tree. She was pronounced dead at the scene.
The vehicle was also carrying a 29 year old male passenger from Deltona, who was taken to a nearby hospital for what FHP calls very serious injuries.
The crash remains under investigation.
What to do if injured as a passenger in Orlando automobile accident
Although often times the focus of an accident-related personal injury claim is the driver, as this accident makes clear, often times it is the passenger who is left injured. The good news is that a passenger who is injured in an automobile accident often has an easier time getting compensation for their injuries than a driver does. This is because, in general, a driver will always be found liable for the passenger’s injuries – proving liability is typically a non-issue. Thus, if the accident involved two vehicles, then one of the driver’s will be found at fault.
If the accident involved one car, such as in the case at hand, then the driver will usually be held liable. In fact, it’s a generally held conclusion that if a driver hits something (i.e., a tree), then that driver did (or failed to do) something that qualifies as being negligent. However, as with any legal rule, there are exceptions. For example, if a deer runs in front of the car and the driver hits the deer, this will likely not be considered negligent driving. However as this exception is not applicable in the case at hand, in all likelihood the driver will be found to have acted negligently, which caused the accident and the passenger’s resulting injuries. Thus, the passenger will be able to seek compensation from the driver’s estate.
If you were injured as a passenger in an Orlando car accident, contact the Law Offices of James O. Cunningham, P.A. today.
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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