One person has died and another has been seriously injured following an automobile crash in Delray Beach, Florida this week. According to news reports, a yellow Lamborghini and a yellow Porsche were driving at a very high speed when the Lamborghini crashed into a Buick Enclave, injuring the driver of the Lamborghini and killing the driver of the Buick. The accident happened at Northeast 1st Street.
According to police, the man who was killed is 82-year old Uber driver Gerald Smith, who was on his way home to have dinner with his wife. The driver of the Lamborghini, 60 year old Roger Wittenberns of Delray Beach, remains in serious condition at Delray Medical Center. It has been confirmed that Wittenbers’ girlfriend, 61 year old Patty Ann McQuiggin, was the driver of the yellow Porsche. After witnessing the crash, she left her vehicle at a restaurant parking lot located near the crash scene. Police say she is refusing to speak with investigators.
Although it has been confirmed that the two had finished spending the afternoon eating and drinking in the downtown area, it remains unknown whether or not alcohol was a factor in the accident. Traffic homicide investigators are currently leading the investigation.
Regardless of whether or not alcohol was a factor in the accident, if witness reports of the couple driving at a high speed are true, then Roger Wittenberns can be held liable for the death of Gerald Smith. Driving above the speed limit is considered a form of reckless driving. If Wittenberns’ reckless driving is found as the cause of the collision, and if the collision is what caused Smith’s death (both of which are likely), then Smith could sue Wittenbern for compensation for his injuries. However, as in this case Smith was killed by Wittenberns’ recklessness, then his right to sue will pass to his wife – who was waiting for her husband to arrive home from work with dinner ready and set on the table. Ms. Smith will be able to make a claim for loss of support (as Mr. Smith was working), amongst other damages.
To learn more about the compensation you may be entitled to, call 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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