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.
If you or someone you love has been injured in a vehicle accident, call toll-free at 1-888-FLA-Auto (1-888-352-2886).
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