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Pedestrian Accident

Fatal Car Accident in Fort Lauderdale Kills Pregnant Woman

March 20, 2012 | Author

Fort Lauderdale, FL – A Sunday afternoon by the pool turned into a horrific tragedy when a car veered off of the road and into a pool cabana killing a pregnant woman, authorities say.

Fort Lauderdale Wrongful Death Claim

A statement released by Fort Lauderdale Fire Rescue stated that a car driven by a woman crashed into the cabana by the pool at the Riverside Hotel on East Las Olas Boulevard.

Inside the cabana, the woman, who was 7-months pregant according to fire rescue officials, was killed.

Ft. Lauderdale Hotel Guest Heard Fatal Accident

“We just heard the big explosion and then about five seconds, everybody’s in shock and then everybody just reacted,” Darryn Gordon said.

“It was just the last day of our vacation and it came to a horrible end,” Joanne Gordon said. “Such a terrible accident.”

The accident is under investigation.

Wrongful Death Claim in Fort Lauderdale, FL

This tragedy killed a pregnant woman and her unborn child. Under Florida law, the surviving spouse has a claim for money damages against the woman who caused the accident, and the owner of the car if different.

Damages recoverable in a Florida Wrongful Death case

Florida’s wrongful death statutes provide that damages may be awarded as follows:

(1) Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.
(2) The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.
(3) Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.
(4) Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
(5) Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them.
(6) The decedent’s personal representative may recover for the decedent’s estate the following:
(a) Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:
1. If the decedent’s survivors include a surviving spouse or lineal descendants; or
2. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.
(b) Medical or funeral expenses due to the decedent’s injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent, excluding amounts recoverable under subsection (5).
(c) Evidence of remarriage of the decedent’s spouse is admissible.
(7) All awards for the decedent’s estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims.
(8) The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106(1).
If you lost a loved one in a Fort Lauderdale Wrongful Death, call for a free consultation at 954-515-5000 or toll-free at 800-337-7755.
Posted in Car Accident, Fatal Car Accidents, Motor Vehicle Accidents, Pedestrian Accident, Wrongful Death | No Comments »

Hollywood Florida Fatal Hit-and-Run Driver Identified

January 4, 2012 | Author

HOLLYWOOD, FLORIDA – NBCMiami reported that Hollywood Police recently identified a 23-year-old man who they said was the driver of a white 2006 Dodge Magnum station wagon which they believe was involved in a fatal hit-and-run on Dec. 24, 2011.

According to the police, surveillance video showed Robert Consavage being mowed down as he crossed N. Ocean Drive at Indiana Street in Hollywood at 2:45 a.m. on Christmas Eve, with the car never stopping.

The driver of the fatal hit and run vehicle was Jonathan Patterson, Hollywood Police said Tuesday.

Police said a Crime Stoppers tip Dec. 29 led investigators to a Fort Lauderdale body shop where the car was being repaired. The next day, Patterson and the station wagon’s owner, Dwight Reeves Jr., 24, came forward and “voluntarily gave sworn statements indicating their involvement in the crash,” police said.

Police said no arrests have been made, but criminal charges are pending “based on the conclusion of the investigation.”

Florida law requires you to stop if you injury or kill another

Florida Statute 316.027 deals with a crash involving death or personal injuries. It says in pertinent part that:

(1)(a) The driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s.316.062.
(b) The driver of any vehicle involved in a crash occurring on public or private property that results in the death of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s.316.062.
Failure to remain at the scene could be a felony. The passenger may be an accomplice, though the police could use him as a witness against his friend in order to solidify their case.
If you lost a loved one in a motor vehicle accident in Florida, call Jason Turchin at 800-337-8855 for a free consultation.
Posted in Fatal Car Accidents, Hit and Run, Motor Vehicle Accidents, Pedestrian Accident, Wrongful Death | No Comments »

Cooper City Pedestrians Struck By Car and Hospitalized

December 24, 2011 | Author

COOPER CITY, FL – According to the police, an elderly couple was hospitalized after they were struck by a car in Cooper City Thursday morning.

The couple were hit by a green Honda Civic around 9:20 a.m. in the area of Hiatus Road and Sheridan Street, according to the Broward Sheriff’s Office.

Broward Sheriff’s Fire Rescue transported the man by ground to Memorial Regional Hospital. The woman was taken by BSO Air Rescue.

The incident caused the intersection to be closed Thursday morning as officers diverted traffic.

BSO Traffic Homicide investigators are looking into the incident.

Pedestrian Accidents Can Be Fatal

Fatal Florida pedestrian accidents are common because of the sheer size and weight of a vehicle which comes in contact with an unprotected person. Cars are designed to withstand impacts, even high speed catastrophic impacts. It’s amazing in my practice to see people walk away from mangled cars with blown out windows with mere whiplash injuries. Pedestrians are often not so lucky, with fractures, road rash, lacerations, head trauma, brain injuries, and even accidental death.

Pedestrian Accidents in Florida – Who Pays?

Florida’s No-Fault Law generally applies to pedestrian car accidents. This means that if the pedestrian owns a vehicle or lives with a relative who owns a motor vehicle, that vehicle’s Personal Injury Protection benefits may apply to the pedestrian’s medical bills, even if another car was at fault. The at-fault driver and/or owner’s insurance should cover the balance that PIP didn’t pay and possibly pain and suffering.

If you were the victim of a pedestrian accident in Cooper City, or were struck by a car in Florida and need a FL car accident lawyer, call me today for a free consultation at 800-337-7755.

Posted in Car Accident, Fatal Car Accidents, Motor Vehicle Accidents, Pedestrian Accident | No Comments »
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