Fighting for Florida Car Accident Victims Since 1977

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May 3, 2017

A 25 year old male from Apopka, Florida died recently after crashing his car into a tree. The crash happened near Orlando, in Orange County. According to the Florida Highway Patrol, the automobile accident happened just after midnight on Colonial and Semon drives. The victim was driving his 2015 Nissan Altima west on State Road 50. When he attempted to change lanes to pass another vehicle, he lost control of his car, causing it to travel down into the embankment, strike a tree and overturn. The driver was pronounced dead at the scene. 

According to the official accident report, the driver was not wearing a seatbelt at the time of the accident. At this time, it remains unknown whether or not alcohol played a role in the crash.

Although tragic that the driver was killed, it is lucky that nobody else was injured – particularly the driver of the vehicle that was being passed. But let’s say the facts are different and, instead of swerving into the embankment, the driver instead lost control and swerved into the other vehicle, injuring that driver. In that scenario, the driver of the car being passed would have a right to seek compensation from the Apopka driver. This is because the Apopka driver’s negligent driving caused the crash, which resulted in the other driver’s injuries. In order to get the compensation they deserved, the driver would have to file a personal injury lawsuit.

Now let’s look at another hypothetical scenario. Let’s say the Apopka driver used reasonable precaution in passing but, as he passed the other vehicle, that vehicle decided to change lanes without looking. As a result, the Apopka driver’s car was pushed into the ditch where it hit the tree and was injured. In that situation, the Apopka driver would have the right to seek compensation from the other driver because their negligent driving (i.e., failure to look before changing lanes) caused their injuries. However, because the Apopka driver was not wearing a seatbelt, it is likely that any compensation he receives will be reduced by the percentage of fault that his failure to wear a seatbelt contributed to his injuries. In Florida, this is known as contributory negligence.

As you can see, depending on the specific facts of a case, who is able to seek compensation from him is complex. Regardless of the facts, to ensure you get the compensation you deserve, contact the Law Offices of James O. Cunningham, P.A. today and schedule your free initial consultation.

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.

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15 Florida Locations

Orange County:
Orlando, FL

236 South Lucerne Circle East
Orlando, FL 32801
Phone: 407-425-2000

Seminole County:
Lake Mary, FL

300 International Parkway #100
Lake Mary, FL 32746
Phone: 407-487-4408

Osceola County:
Kissimmee, FL

17 S. Orlando Ave.
Kissimmee, FL 34741
Phone: 407-966-4408

Volusia County:
Daytona Beach, FL

1301 Beville Rd., Suite 8
Daytona Beach, FL 32119
Phone: 386-243-4994

Volusia County:
DeBary, FL

465 Summerhaven Drive, Suite C
DeBary, FL 32713
Phone: 386-320-3911

Volusia County:
Deland, FL

120 South Woodland Blvd.
Deland, FL 32720
Phone: 386-206-1264

Citrus County:
Inverness, FL

110 North Apopka Ave.
Inverness, FL 34453
Phone: 352-205-4341

Polk County:
Lakeland, FL

1102 S. Florida Ave., Suite 104
Lakeland, FL 33803
Phone: 863-968-7551

Polk County:
Winter Haven, FL

325 Avenue A, N.W.
Winter Haven, FL 33881
Phone: 863-968-7173

Hillsborough County:
Tampa, FL

100 S. Edison St. Suite D
Tampa, FL 33606
Phone: 813-355-9772

Marion-Sumter Counties:
The Villages, FL

3420 U.S. Hwy. 27/441
Fruitland Park, FL 34731
Phone: 352-419-0825

Lake County:
Mt. Dora, FL

602 East 5th Ave.
Mt. Dora, FL 32757
Phone: 352-436-4696

Lake County:
Clermont, FL

900 W. Highway 50
Clermont, FL 34711
Phone: 352-503-4674

Brevard County:
Titusville, FL

506 S. Palm Ave.
Titusville, FL 32780
Phone: 321-222-7300

Brevard County:
Cocoa, FL

96 Willard Street, Suite 206
Cocoa, FL 32922
Phone: 321-757-1373

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  • I was involved in a motor vehicle accident where the other driver ran a red light and my car was a total loss. I was referred to James Cunningham due to the fact that our attorney’s have been very impressed with James Cunningham’s work. This fact turned out to be very true… A Personal Injury Client
  • My car accident case was handled by Mr Cunningham and I was very pleased with how everything was done. He handles his own cases and his staff is top notch. He got me a very nice settlement without going to court. Derek
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