A Brandon, Florida man has been charged with vehicular homicide. The charges follow a three vehicle crash that killed a Tampa man early in the week.
According to the Florida Highway Patrol, the 28 year old driver who had been drinking, ran a red light at the intersection of Adamo Drive and Falkenburg Road. He was driving a 2016 Chevrolet SS west on Adamo when he ran the red light, slamming into the driver’s side of a 2005 Acura TSX driven by the 25 year old Tampa native. He was taken to Tampa General Hospital for treatment of his injuries, where he later died.
Debris from the crash also hit a 2013 Chevrolet Express driven by a 37 year old Tampa native, although nobody in this third vehicle was injured.
The 28 year old, who remains at Tampa General Hospital for treatment for serious injuries, has been charged with one count of vehicular homicide, one count of DUI manslaughter and one count of driving without a valid driver’s license/fatality.
With these charges the fact that the 28 year old driver is responsible for the death of the 25 year old is undisputed. Thus, depending on the circumstances, the surviving family members of the 25 year old could have grounds to file a wrongful death action against the 28 year old driver. In doing so, these family members can seek compensation for such damages as property damage, pain and suffering, loss of consortium, past lost wages, loss of future income, loss of services and loss of companionship – among others.
Typically, these damages are only available to a surviving spouse or children, and here we do not know if the deceased was married or had children. However, that being said, in some cases a court will extend the definition of surviving family to include surviving parents and/or siblings. To get such an extension, these surviving family members will have to demonstrate that they were in some way dependent on the deceased and, as a result of his death, have suffered a loss.
To learn more about Florida’s wrongful death statute, contact the Law Offices of James O. Cunningham, P.A. today and schedule your free initial consultation.
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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