The Dania Beach community that has been recovering from the death of one of their own residents at the hands of a hit-and-run driver may soon obtain some relief as authorities are one step closer to finding the perpetrator and holding them responsible. Police caught a break in the case after recovering a crucial piece of evidence from the crash and making contact with a suspected driver of the maroon Ford F-150 that was allegedly involved in the crash.
According to a CBS Miami report and the Broward County sheriff’s office, the victim of the hit-and-run was a 57-year-old Dania Beach resident who was hit by the truck on March 26 at approximately 7:25 p.m as he was walking home to a trailer park near Griffin Road at 26th Avenue after having dinner with a friend. According to witnesses, the driver of the pickup simply sped off after he hit the man, who was not at a crosswalk when he was hit. Since the man was not at a crosswalk, the driver of the car may not have been subject to criminal charges if he had stopped and called the police, but because he failed to stop he could possibly be criminally tried for homicide for his role in the accident.
Civil Liability for Auto-Pedestrian Accidents
In addition to the potential criminal charges the driver may face for the hit-and-run auto accident, he could also be subject to civil liability to the family of the victim. The surviving family members could file a Florida wrongful death lawsuit against the driver of the truck. If the victim’s family is able to prove that the truck driver’s negligent or reckless behavior contributed to the accident, the truck’s driver (or his auto insurance company) may be required to pay for the victim’s medical and funeral expenses, as well as a possible judgment for lost income, pain and suffering, and loss of companionship. A Florida accident lawsuit is not a simple matter, however, and defendants and their insurance companies usually anticipate legal action and are prepared to do whatever they can to avoid being held responsible for an accident.
Comparative Negligence
One way that defendants can avoid financial responsibility for a Florida hit-and-run accident is based on the legal theory of comparative negligence. If a defendant can demonstrate at trial that an accident victim’s own negligence was the partial cause of the accident, the plaintiff may not be entitled to all of the award, which can be reduced based on the percentage of fault that is attributed to the victim in the case.
In an auto-pedestrian accident, if the victim was crossing the street and not using a crosswalk, that could be a contributing cause of the accident, and the driver of the truck may be able to avoid at least some financial responsibility. It can be difficult for a plaintiff to demonstrate that the driver of a car was negligent, but with the help of a skilled Florida personal injury attorney, accident victims may still be compensated for an accident even if it was partially their own fault.
Do You Need a Lawyer?
If you or a loved one has been injured or killed in a Florida auto accident, the personal injury and wrongful death attorneys at Cecere Santana can help you make a strong case for recovery. Our competent and dedicated attorneys have years of experience getting our clients the compensation they deserve. At Cecere Santana, we represent clients in many types of personal accident cases, including auto-pedestrian accidents. If you think you may have a case against a negligent driver, contact us at 800-753-5529 or fill out the online form and schedule a free consultation to discuss your case.
See More Blog Posts:
Two Hospitalized in Three-Vehicle Miami-Dade Accident, Cecere Santana Injury Lawyers Blog, published February 23, 2015.
Fatal Left-Turn Accident in Coral Springs Claims One Man’s Life, Injures Two Others, Cecere Santana Injury Lawyers Blog, published March 16, 2015.
