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When Driver Lost Control, Passenger is Killed in Winter Springs

By Orlando Personal Injury Attorney on October 19, 2016

A Winter Springs, Florida man is dead following a car crash over the weekend. The automobile accident happened as the car in which he was a passenger in struck two trees and a power pole in Seminole County. The driver of the vehicle, who was from Orlando, was heading north along Tuskawilla Road near Lake Drive at around 11:00 pm.

According to the Florida Highway Patrol, the driver suddenly lost control of his car, causing it to veer off the road and strike the tree and power pole. The car then bounced off the pole and continued along the edge of the road, where it eventually stopped when the passenger side hit another tree. At this time, the reason why the driver lost control of the vehicle remains unknown, although investigations continue.

The driver of the vehicle was taken to Orlando Regional Medical Center, although police reports show that no injuries were cited. The passenger was declared dead at the accident scene.

Depending on what the accident investigation reveals about why the driver lost control of the vehicle, the surviving family of the deceased passenger could have the right to file a wrongful death claim. Although extremely complex, Florida law does allow a deceased’s survivors to seek damages for their loss. In order to qualify, the first step is to decide whether or not the deceased would have been able to file a suit for personal injuries had they survived the accident. In other words, if their injuries/death was caused by the negligent or reckless act of another, than they would have the right to seek compensation. In a Florida wrongful death claim, this right to suit passes on to the deceased’s surviving family members – with exceptions.

In the case at hand, if the accident investigation shows that the driver was somehow negligent or reckless, and that this negligence or recklessness caused the accident and, thus, the death of the passenger, than the passenger’s surviving family could have the right to file a wrongful death suit against the driver.

To learn more about Florida’s wrongful death statute and how it may apply to your case, contact the Law Offices of James O. Cunningham, P.A. today.

James O. Cunningham

James O. CunninghamSince 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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