An article about a death from a serious auto accident caught my eye as a Weston wrongful death attorney. The South Florida Sun-Sentinel reported Nov. 22 that a man has died, ten days after his car was hit by a driver who failed to pass safely. Brian Walters, 56, was hospitalized in critical condition after a Nov. 10 accident west of Delray Beach. Walters suffered unspecified serious injuries after another driver attempted to pass in oncoming traffic on Military Trail. Marilyn Weiss hit the car she was attempting to pass, causing her vehicle to careen into oncoming traffic, hitting another vehicle before it hit the car driven by Walters. Weiss and another driver were hospitalized.
The Palm Beach Post said the crash took place on South Military Trail, just north of Golf Road. Weiss, 68, of Delray Beach, was heading north when she tried to pass a car driven by Kely Maurice, 47, of Delray Beach. Weiss cut back into the lane too soon and hit the front right side of Maurice’s car, sending the Toyota driven by Weiss into the oncoming traffic. There, she hit a vehicle driven by Jacqueline Rodriguez, 33, of West Palm Beach. The Ford was pushed into the same lane that Walters was using, causing him to rear-end the vehicle. Walters, Weiss and Rodriguez were all wearing seat belts, but nonetheless, they all sustained serious injuries. No charges or citations were reported for any drivers involved as of Nov. 22.
As a Boca Raton wrongful death lawyer, I suspect that charges may still be filed, depending on how well Weiss and Rodriguez recover from the crash. If the description of the crash in these articles is correct, it seems likely that Weiss would be judged at fault. However, law enforcement may wish to wait and see whether Weiss recovers well enough to be charged. How well Rodriguez recovers could also be an issue, because Florida prosecutors can file different charges for traffic deaths than they would for serious injuries. Regardless of whether prosecutors choose to file any charges, however, Weiss would probably be legally liable for negligent driving in civil courts. That means the victims of this accident, including the immediate family of Brian Walters, would be able to hold her responsible for causing the crash, even if the state does not.
Cohn, Smith & Cohn represents families that have lost someone close to them because of another person’s negligence. That includes careless driving as well as any other decisions made without respect for the danger they pose to other people. Our Wellington wrongful death attorneys understand that no amount of money can ever bring back someone who was taken too soon. But for many families, the grief of having a loved one taken away is followed shortly by serious financial concerns — as they deal with huge medical bills, funeral costs and often the loss of an income they had counted on. We help families recover those costs from the negligent person who caused them. In a legal claim, you can also claim damages for your own grief and loss of your loved one’s care and companionship.
Our firm offers free consultations, so you can tell us your story and learn more about us at no risk. To set up a meeting, call our main office near Hollywood at (954) 431-8100 or send us a message online.