Four people were injured when their SUV lost control while traveling on Interstate 4 near Davenport, Florida. According to the Florida Highway Patrol (FHP), the Chevy Tahoe was being driven by a 19-year-old male and was carrying seven people.
The SUV was traveling eastbound in the center lane when, for unknown reasons, it changed into the left lane. While making the lane change the driver lost control of the vehicle and ran it off the road, where it slammed into the center median barrier and began to overturn. As the SUV continued to flip, it entered the westbound lanes, where it approached an oncoming Toyota but went airborne before hitting it. The SUV then came to a rest on its left side in the right lane of Interstate 4’s westbound lane.
During the events, four people, including the driver, were ejected from the rolling SUV. Police say that none of these people were wearing their seatbelts at the time of the crash. The driver suffered incapacitating injuries, while the other three, whose ages ranged from 16 to 19, suffered non-critical injuries. Also in the car was a two-month-old infant, who was in a rear-facing car seat. It is unclear whether or not the baby suffered severe injuries.
In the case at hand, the injured passengers may be able to seek compensation for their injuries. To do so, they would file a Florida personal injury lawsuit against the driver, asserting that the driver’s negligent driving caused the accident and their resulting injuries. This negligent driving could be failure to properly change lanes, speeding, or driving while distracted (i.e., texting). However, any compensation that they receive will likely be limited due to the fact that they were not wearing seatbelts. As those that were wearing seatbelts were not ejected from the vehicle, it can be argued that had these victims been wearing a seatbelt, they either would not have been injured or their injuries would have been less severe. Based on this determination, a court can reduce one’s compensation by the amount that victim’s own negligence contributed to their injuries.
To learn about how Florida’s contributory negligence law could affect your right to compensation, 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.
Connect with James O. Cunningham on Google+