Car accidents result in injury in even the mildest conditions; every person involved can be wearing a seat belt during a low-speed impact and injury can still occur. The likelihood of injury or a fatal accident skyrockets when the accident involves a car and a bicycle, scooter or motorcycle. A car can protect against a variety of injuries that the vulnerability of a two-wheeled vehicle cannot.
A Tampa woman riding a scooter lost her life after being struck by a van in early September. The woman was thrown from her scooter when she was accidentally rear-ended by the van and she was subsequently hit by the van after falling to the ground. The driver of the van has been criminally charged with driving with a suspended license, leaving the scene of an accident involving death and DUI manslaughter. Unfortunately, even if the driver is convicted of all three charges, criminal convictions provide no compensation for the family of the victim.
The family of a person killed in an accident may be able to sue for wrongful death in a Florida civil lawsuit. To pursue a wrongful death claim following the death of a family member, a family must show that the death was caused by another person’s negligence and that the family members left behind are suffering monetary losses.
In a successful wrongful death suit, the main way a court measures damages is by examining financial injury that occurred as a result of the accident and is expected to continue to occur due to the absence of the deceased. Medical and funeral expenses are commonly provided and, depending on the relationship between the deceased and the representatives in the lawsuit, loss of support or services may be considered.
When a loved one is killed in an accident, families may find comfort in a criminal conviction, but often that does not address immediate and long-term needs of those left behind.