Polk County Sheriff are investigating a car crash that happened late Wednesday night in Lake Hamilton, Florida. Police say the accident, which happened on US Highway 27 at the intersection with Kokomo Road, left two dead.
According to the police report, a 2004 Dodge Durango and a 2008 Mazda were driving side-by-side and heading north on US 27 when the front right fender of the Mazda hit the left rear fender of the Dodge. This caused the Dodge to spin out of control, sliding off the road and flipping into a grassy ditch. The Durango was carrying two passengers in the backseat, neither of which were wearing seatbelts. As the car flipped, the two passengers, aged 31 and 62, were ejected from the vehicle and died at the scene. The 41-year-old driver and the 26-year-old passenger, who were buckled in, were treated and released from Heart of Florida Hospital.
Meanwhile, the 20-year-old driver of the Mazda walked away from the accident without injury. However, his passenger, a 15-year-old male from Winter Haven, Florida, was taken to Heart of Florida Hospital where he was treated for minor injuries.
At this time, police are unsure which car strayed into the other lane, causing the accident. However, if the investigation concludes that one of the drivers was negligent, and that this negligence caused the crash, then the injured and, in the case of the deceased, their surviving heirs, could seek damages by filing a Florida personal injury lawsuit. In the case at hand, negligence could include passing too close to the other car, failure to check before moving back into the other land, speeding, driving while intoxicated, or driving while distracted.
If, let’s say, the driver of the Mazda was negligent, and this is what caused the accident, then the surviving dependents of the two deceased backseat passengers of the Durango could seek damages under Florida’s Wrongful Death statute. However, any awarded damages would likely be reduced due to the fact that the deceased were not wearing their seatbelts – a factor which contributed to their deaths.
To learn more about Florida’s personal injury law and Wrongful Death statute, 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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