A father and husband was recently killed in the Orlando area following a hit and run crash. According to the Florida Highway Patrol, the 49 year old man and his nine year old son were driving eastbound on Interstate 4 in Volusia County when another car sideswiped them, causing their car to overturn in a ditch. The driver was pronounced dead at the scene and the son was airlifted to a nearby hospital.
The car that caused the accident, which troopers describe as a white Chevrolet Malibu with one headlight out, fled the scene. Florida Highway Patrol continues to search for the car and driver, and ask anyone with any information to call the Crimeline at 1-800-423-TIPS.
According to one newspaper account of the accident, the victim was a good family man, serving as a BMX coach for two local teams. In fact, he and his son were on their way home from an Orlando BMX track when the crash happened. The son is quoted as saying ‘this guy being reckless cost someone’s life, and I’m very sad”.
Although no amount of money will ever come close to replacing this son’s father or a wife’s husband, Florida law does provide some recourse. As the son correctly states, because of one guys reckless driving, another man is dead. According to Florida law, when a family member is killed by the reckless or negligent act of another, their surviving family has the right to file a suit for damages. These damages are meant to compensate the family not only for their pain and suffering and funeral and hospital expenses, but also to help make up for the loss of income a family is likely to experience when a provider is killed.
A civil suit under these circumstances falls under Florida’s wrongful death statute – the law that lets family members suit on behalf of a deceased family member. However, as wrongful death suits are complex and involve numerous exceptions, it is essential that you review the unique facts of your case with an experienced Orlando personal injury attorney. To schedule your free initial consultation, 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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