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July 26, 2018

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.

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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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