A 28-year-old Winter Park, Florida man was arrested this week following his involvement in a New Year’s Eve rash that left two dead.
According to the Florida Highway Patrol, on December 31st, the driver was traveling east in his BMW on Orange Avenue towards the intersection of Westchester Avenue. A heavily residential area, the driver turned to the passengers in his car saying: “let me show you what a real man’s car can do”. At this point, he hit the accelerator and reached speeds of between 100 and 120 mph – in a 35 mph zone. In fact, according to the black box recovered from the BMW’s airbag after the crash, the car was traveling 128 mph at the time of the accident.
As the two victims pulled out of the driveway of a house on Orange Avenue, the BMW t-boned their Toyota SUV. As a result of the severe impact caused by the crash, the two victims were killed from blunt-force injuries. Furthermore, two passengers in the BMW were also seriously injured and were treated for multiple broken bones and internal bleeding.
Ruling out any contributory negligence on the part of the victims, police have determined that it was impossible for them to have known that the car was approaching at such a high speed. Police have also determined that had the BMW driver been traveling at the speed limit, he would have been able to see the other car pulling out ahead of him and braked in time to avoid the crash. As a result, the driver has been charged with two counts of vehicular homicide and reckless driving causing serious bodily injury.
Police say that it took nearly a month to make the arrest due to the need to conduct an extensive investigation. According to one officer, this involved gathering evidence from the vehicles, talking to witnesses and getting measurements – all necessary for determining fault. This is essential, however, as determining fault will impact the ability for the injured passengers and the surviving family members of the deceased to file a personal injury suit against the driver. As the driver was found to be at fault by the police, in all likelihood, the victims and/or their survivors will be able to seek compensation for their losses.
If you or a loved one have been injured in an Orlando automobile accident, you have the right to be compensation. To learn more, 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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