Driving a vehicle is an act that requires a lot of skill and attention. It’s easy to lose control and cause a major accident by colliding with an object. Sometimes these crashes are fatal.
Sadly, this was recently the case in Miami-Dade. A man was killed after crashing into an abandoned Florida Department of Transportation building. The fatal accident occurred on the morning of May 21 on State Road 976.
The crash happened in the early morning hours. An 18-year-old man was driving a Kia Stinger and heading south on State Road 821. He took the southbound exit ramp to State Road 976 and lost control of his car near Bird Road. He lost control of the Stinger and collided with a median wall.
The vehicle then overturned and collided with the building. The car came to rest on its roof. Video of the crash showed the Stinger totaled, with the building sustaining a massive hole.
Fire Rescue arrived at the accident scene and found the man dead inside the Stinger. No other victims were found.
Loss of Control
Losing control of the vehicle is a common cause of crashes, particularly fatal ones. Loss of control can happen in a number of ways. It primarily occurs when your car’s tires no longer have good traction with the road’s surface. This often happens with hydroplaning. Loss of control can also happen when there is a technical malfunction, such as when the brakes aren’t working. Aggressive maneuvering is another possibility, such as driving around a sharp corner too quickly. So is going off the road due to fatigue, distractions, or other reasons.
Losing control of your vehicle can be scary. If you can react in time without panicking, then the outcome will be better. Panicking will cloud your thinking and make it so you are unable to respond appropriately. Panicking can also cause you to slam on the brakes or jerk the steering wheel, which are things you should not do.
Instead, immediately take your foot off the gas pedal and lightly apply pressure on the brakes. Then gently steer into the direction of the skid.
Car Accidents and Wrongful Death
If your loved one was killed in a car accident but they did not cause the crash and their subsequent death, you may be able to file a wrongful death lawsuit against the liable party.
Wrongful death involves killing someone due to careless, reckless, or intentional actions.
Wrongful death is a civil legal claim, which means that the liable party must pay financial damages to the victim’s family for the losses they have suffered. However, the plaintiff must prove the following:
- Duty of care. In the case of car accidents, all drivers have a duty to operate their vehicles safely. They should not be engaging in reckless behavior, such as speeding or drinking and driving.
- Breach of duty. The plaintiff would have to prove that the driver breached their duty and was therefore acting in an unsafe manner.
- Causation. It must be proven that the breach of duty caused the person’s death. If the driver was acting safely, then the person would not have died.
- Damages. The death must have led to damages, such as funeral expenses, medical bills, and loss of income for the family.
Keep in mind that Florida is strict when it comes to filing wrongful death claims. Only one person can file a lawsuit, and that is the personal representative of the deceased’s estate. This person may be named in the deceased’s will or estate plan. If there is no will or estate plan, then the person may be named after the person’s death. Typically, only the spouse, children, and parents can benefit from a wrongful death case, although dependents such as siblings may qualify as well.
Keep in mind that time limits apply. In Florida, you have just two years to file a lawsuit for wrongful death. Contact a lawyer to learn more about the laws that apply in your case.
Contact Us Today
Unfortunately, many car accidents result in fatalities. When the impact of the crash is too great, a person can be killed.
If your loved one’s death was caused by someone else’s negligence, contact a Miami wrongful death lawyer from Dolan Dobrinsky Rosenblum Bluestein. We can help your family with their financial burden. Schedule a free consultation by filling out the online form or calling (305) 371-2692.