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October 3, 2017

An Orlando male was arrested this week after he fled the scene of a hit-and-run. The car versus pedestrian accident happened in Orange County and left the pedestrian dead. 

According to the Florida Highway Patrol (FHP), the driver was traveling westbound in his 2012 Lexus on Universal Boulevard just east of Convention Circle. The pedestrian, a native of Walled Lake, Michigan, attempted to cross the street when she was hit by the oncoming Lexus. The impact caused the pedestrian to roll onto the driver’s hood and strike the windshield. The 31 year old was pronounced dead at Dr. Phillips Hospital.

Following the impact, the driver left the scene, fleeing west on Universal Boulevard. However, a witness to the accident immediately followed him and brought him back to the scene.

As the accident remains under investigation, other charges are pending.

Because this tragic accident was a hit-and-run situation, in all likelihood the driver will be found at fault. As a result, the surviving family members of the deceased pedestrian could seek compensation by filing a wrongful death claim. According to the Florida wrongful death statute, surviving family have the right to seek compensation for their loss if they have suffered a loss because of the family member’s death. This is typically seen when the deceased leaves behind a spouse or children who depended on their financial and emotional support.

However, in the case at hand, what we don’t know is whether or not the pedestrian was attempting to cross the street at a designated crosswalk. We do know that the accident happened at 11:30 pm, meaning it was dark. If she crossed outside a designated crosswalk, it would be understandable that the driver did not see her. If this is the case – and it is a big if – then any compensation awarded to the surviving family members could be reduced by the percentage of fault that the pedestrian’s own actions contributed to her death. This reduction of compensation happens under Florida’s contributory negligence clause.

To learn more about fault and the effect it could have on your Orlando wrongful death claim, call 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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