Family of Killed Police Officer Wins $8 Million Verdict
The widow and three daughters of a North Miami Beach police officer killed in an auto accident won $8.07 million in a Florida auto accident lawsuit Dec. 6. As the Miami Herald reported, the lawsuit stems from an accident that took place in the summer of 2004 here in Pembroke Pines. The victim was driving west on Pines Boulevard when a young woman on a side street ran a stop sign. To avoid hitting the other car, the victim swerved, landing in a drainage ditch by the side of the road and crashing into a palm tree. He was thrown from the vehicle and died in the hospital seven days later.
The victim’s family sued the other driver for her negligence in running the stop sign. It also sued the Florida Department of Transportation for adding a drainage ditch and royal palm trees by the side of a road where the speed limit exceeded 50 mph. This violates FDOT’s own safety rules, the suit claimed. At trial, the jury apportioned 55% of the blame for the accident to the young woman and 15% to FDOT, leaving 30% of the fault for the victim himself. The original jury award of $11.5 million was thus reduced by 30%, to $8.07 million.
This case is a good reminder that the causes of Florida auto accidents sometimes go beyond mistakes by the humans behind the wheel. Accidents caused by bad roads are rare compared to accidents caused by bad driving, but they absolutely do happen. Roadways may be defectively designed if they offer drivers an insufficient view of other vehicles, don’t contain needed traffic signals or have other problems, as in this case. They can also be defectively maintained because of weather, debris, construction or other hazards left in the road for an unreasonably long time. In either case, the culprit is not the other driver but a state, local or federal agency, which may have substantially more resources than most drivers.
Florida wrongful death lawsuits are hard, because no amount of money can truly compensate a family for the loss of a loved one. But financial penalties are how the civil courts punish serious wrongdoing, including wrongdoing that takes a life. Many times, survivors also face many practical financial problems in the wake of a death, including the unexpected loss of an income, steep medical and funeral bills and other costs they never planned for. And of course, a Florida auto accident lawsuit also allows victims to claim compensation for emotional injuries caused by the sudden and irretrievable loss of someone they loved. If your family has been victimized in this way and you’d like to learn more, please contact Cohn, Smith & Cohn today for a free consultation.
