Florida Highway Patrol (FHP) say a Florida man was killed mid-week in a two-vehicle crash that happened in Osceola County. The accident happened in mid-afternoon near the intersection of Boggy Creek Road and Lake Vista Drive. According to the FHP accident report, the accident involved a Honda Accord and a Honda van. The Honda Accord was driving east on Boggy Creek Road, while the Honda van was traveling west. As the two vehicles approached, the Accord veered into the westbound lane where it struck the front left side of the oncoming van. The reason for the Accord’s swerve is unknown and the crash remains under investigation.
The driver the Accord was taken to a nearby hospital where he was pronounced dead. The driver of the van suffered serious injuries and remains hospitalized.
The injured driver of the van will likely be able to bring a personal injury lawsuit against the driver of the Accord’s estate. This is because, according to Florida law, when one is injured by the negligent act of another, one has the right to seek compensation for those injuries.
Negligence is defined as the careless or wrongful act by one person that causes injury to another person. In the case at hand, the Accord driver’s swerving into oncoming traffic will likely be considered an act of negligent. However, an act of negligence alone is not enough to base a personal injury lawsuit on. In order to receive compensation, the driver of the van must also demonstrate the following four elements of negligence:
- Duty: that the driver of the Accord owed a legal duty to the driver of the van under the circumstances (i.e., not to serve into the other lane);
- Breach: that the driver of the Accord breached this duty by acting or failing to act in a certain way (i.e., they did swerve into the wrong lane);
- Causation: it was the driver of the Accord’s action that actually caused the driver of the van’s injury (i.e., by swerving into the wrong lane, the Accord hit the van); and
- Damages: the driver of the van was harmed or injured as a result of the Accord driver’s actions (i.e., the driver of the van was hospitalized as a result of the impact).
If you or a loved one have been a victim of an Orlando motor vehicle accident, you have the legal right to seek compensation for your injuries. To learn more, 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+