The Florida Highway Patrol (FHP) is actively looking for the driver of a red car that was involved in a fatal Orlando area crash last weekend. The vehicle, which fled the scene, may be a Dodge Charger, although FHP cannot confirm that. Based on witness accounts, the vehicle has an ‘Endless Summer’ style license plate and a bumper sticker that says ‘Hammock Hippy’.
According to the FHP, the accident happened on the Brevard County side of State Road 528. A blue Ford Mustang and the red car were both traveling east and, according to witnesses, were both involved in what seemed like a road rage incident. The red car hit the Mustang, the impact which caused the Mustang to swerve into the westbound lanes and crash into an oncoming SUV. The 58-year-old male driver of the Mustang was transported to Brookshire hospital where he later died. His 26-year-old female passenger was also taken to Brookshire and remains in critical condition. There is no word on whether or not the occupants of the SUV were injured.
In the case at hand, a road rage incident would be considered an act of negligent driving. Thus, the driver and passenger of the Mustang could file a personal injury lawsuit (or, in the case of the deceased driver, his surviving family could file a Florida Wrongful Death lawsuit), seeking damages. However, the damages awarded the driver of the Mustang would likely be reduced – if not eliminated – due to what is called the Contributory Negligence clause. Remember, witnesses say that both drivers were involved in the road rage – meaning that the deceased was also acting negligently. If his negligence contributed to his death, then any compensation awarded would be reduced by the amount that his negligence contributed to his death. Thus, if the court determines that he was 50% responsible for his death, then the awarded damages would be cut in half. If the court determines that he was 100% responsible for his death, then he will not receive any damages at all.
If you or a loved one have been injured in an Orlando car accident, you may have the right to be compensated. 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+