While we typically hear about more teen car crashes during the summer months, they can happen any time of year. There are a variety of reasons for the seemingly excessive teen crashes including the inexperience of new drivers and also the riskier behavior in which teens tend to engage. This riskier behavior also applies to driving and that can result in a serious or even deadly car accident. When a plaintiff is killed a car wreck, or dies later as a result of the injuries sustained in the serious accident, this can lead to the need to file a wrongful death lawsuit pled under a theory of negligence. This is not only true of teen drivers, but also young adults.
According to a recent news article from TC Palm, an eighth-grade student was killed in a fatal car accident at the end of the 2017/2018 academic-year winter break. The victim’s mother said her son was on his last day of the winter break and was complaining of being bored. He wanted to go out for a ride even though it was raining hard. There was no destination in mind so he was looking to go for a joyride as kids often like to do. He called his friends and he along with a 12-year-old friend, found an older friend who had a driver’s license to go out for the joyride. They were ridding in their friend’s new Infinity Q50 when the driver allegedly lost control on the slippery pavement and left the road surface. When the car skidded of the road, it crashed into tree resulting in all three occupants of the vehicle, including the driver, being injured. When first responders arrived at the scene of this horrific accident, they rushed all three occupants to local level one trauma centers.
The driver and the female passenger had both been injuries, but their injuries were not considered to be life-threatening at the time of the accident. Unfortunately, the male passenger’s injuries proved to severe and there was nothing doctors could do. He was soon pronounced as a result of his injuries. There have been no formal accusations of negligence as of the time of this article.
As our Orlando car accident lawyers can explain, the Wrongful Death Act can can be found in Chapter 768, Section 768.16 of the Florida Statutes. Pursuant to this statute, the case must be filed within two years from date of death. One thing to keep in mind is that in a wrongful death case, the date of death is not always the same as the date of the accident. For example, if a car accident occurs and one of the plaintiffs is seriously injured, the plaintiff may recover from his or her injuries, or may not.
In some cases, the plaintiff will eventually succumb to their injuries. This could happen a short while after the accident or it could weeks or even years after the accident. This means the statute of limitations will not start running in most cases until the death actually occurs. However, if the parties entered into a settlement agreement prior to the date of death, the general waiver and release of liability would likely prohibit the filing of a later wrongful death action.
Call Freeman Injury Law — 1-800-561-7777 for a free appointment to discuss your rights. Now serving Orlando, West Palm Beach, Port St. Lucie and Fort Lauderdale.
Eighth-grader in fatal crash had ‘bright, bright soul,’ his mother says, January 5, 2018, By Will Greenlee, TC Palm
More Blog Entries:
Snowbirds: Make Sure Your Vehicle is Properly Insured, or Risk Denial of Accident Claims, Dec. 1, 2017, Orlando Truck Accident Attorney Blog