Florida is one of the most dangerous states for drivers, with over 400,000 car accidents reported statewide in 2019 alone. Many of these crashes aren’t serious, but a handful prove deadly.
One driver and 2 passengers in Hudson died after a single-vehicle accident on January 26, 2021. Around 9:30 p.m., the driver crashed on Denton Avenue close to the Pasco County Department of Health office.
At the time of the crash, there was heavy smoke in the area which might have limited the driver’s visibility and possibly caused the crash, though investigators were still looking into the cause at the time of this news story. It’s true that sometimes hazards like heavy smoke, weather and road conditions cause a driver to crash.
So who’s liable?
Liability for a weather-related accident
Weather is one of the most common causes of car accidents in Florida. Heavy smoke, fog or rain are some of the biggest culprits—particularly in the Tampa area where coastal weather patterns can limit roadway visibility on a regular basis.
In a single-vehicle accident, investigators and insurance companies will gather as much information about the accident as possible to determine liability.
For instance, if the driver was speeding or texting while driving when they hit a big puddle or patch of ice and spun out of control, the accident might be their fault.
However, if they were driving the posted speed limit and both hands were on the wheel when they lost control of the vehicle, then the accident could be determined to be poor road conditions or bad weather.
Can the person responsible for the smoke be sued?
In order for a wrongful death claim in Florida to be valid, the plaintiff must prove negligence on the part of the defendant. Negligence is defined as a breach of the duty of care.
For example, a driver who is under the influence is putting other drivers, passengers and pedestrians in danger, which is considered negligent behavior. In the case of the Hudson fatal wreck, if the person who created the smoke did so deliberately, they could be held liable.
When a loved one is seeking financial compensation to help cover any prior medical expenses and funeral costs, and can provide evidence of negligence, they have the right to file a wrongful death claim.
Who can help you file a wrongful death claim?
Nothing can replace the loss of a loved one, but our expert lawyers at Lorenzo and Lorenzo can fight for justice on your behalf.
We regularly help surviving spouses, children, parents and dependents file for both economic and non-economic damages, including:
- Medical expenses and funeral costs
- Mental anxiety
- Loss of projected earnings, based on the decedent’s age and life expectancy
- Loss of household contributions (i.e. child-rearing, chores, etc.)
- Emotional pain and suffering
- Loss of companionship (for spouse)
- Loss of parental guidance (for children/dependents)
Our experienced team can help you recover from these and other losses by pursuing a wrongful death claim. If you’re suffering from the loss of a loved one, we encourage you to contact us today for your free initial consultation.
We are standing by to listen to you and discuss your options in a comfortable setting. We promise to handle your case with the utmost care and compassion. We are available 24/7 to help you through this difficult time.
