A driver’s attempt to pass another vehicle on the shoulder of Interstate 95 may have caused a three-car accident that left one person dead. The accident closed down the highway for four hours on a Saturday evening as investigators attempted to piece together the chain of events. The accident involved four people. One person was killed in the accident, and another was seriously injured. The other two people reportedly did not suffer injuries.
The accident occurred at approximately 6:30 p.m. on Saturday, July 14, 2012, in the southbound lanes of Interstate 95 in Fort Lauderdale. A man driving a 1999 Isuzu Rodeo reportedly attempted to use the right shoulder of the highway to pass a Ford Mustang. While changing lanes off of the shoulder after passing the Mustang, the Rodeo apparently clipped the Mustang’s front. This caused the Rodeo’s driver to lose control, and his vehicle flipped over. The Mustang veered to the left after the impact, colliding with a 2004 Volvo C70.
A 52 year-old passenger in the Rodeo was thrown from the vehicle when it rolled over. He was reportedly not wearing a seatbelt. Emergency responders pronounced him dead at the scene. The driver of the Rodeo was taken to the hospital with injuries described as “serious.” The drivers of the Mustang and the Volvo were not injured in the collision.
Police investigators kept the southbound lanes of I-95 closed for about four hours. Traffic in the northbound lanes was reportedly also slow because of an unrelated accident the same day that injured three people.
News reports have not indicated if any criminal charges will be brought in connection with the accident. Even in the absence of a criminal case, a person injured in an automobile accident may recover damages from a person found to be civilly liable. These damages may include reimbursement for medical expenses and lost wages related to the accident, future medical expenses and lost wages, future expenses for rehabilitation, and compensation for a person’s pain and suffering caused by the accident. In the case of a person killed in an accident, the person’s family or legal representative may bring a claim for wrongful death. A plaintiff in a wrongful death case may recover for medical and funeral expenses. Plaintiffs may also recover for the decedent’s lost wages and other income, and the loss of the decedent’s financial and emotional support.
Civil claims for automobile accidents typically rely on the legal theory of negligence. Negligence requires proof of four elements: (1) A person owed a duty of care to the plaintiff. (2) The person breached that duty. (3) The breach was the “proximate cause” of the accident and the plaintiff’s injuries. (4) The plaintiff has suffered actual, measurable injuries. Every driver, by virtue of undergoing the training necessary to obtain a driver’s license, has a duty to follow traffic laws and drive in a safe manner. In car accident cases, plaintiffs need only establish the other three elements of negligence.
The attorneys at Cohn & Smith help recover compensation for people in South Florida who have suffered injuries or lost loved ones in automobile accidents. To schedule a free and confidential consultation with one of our lawyers, contact us today online, at 954 431 8100, or at 305 624 9186.
More Blog Posts:
Two Fatalities When Pickup Truck Crashes Into Miami Restaurant, South Florida Injury Attorney Blog, July 17, 2012
Distracted Driving Accidents – Who Is at Fault? South Florida Injury Attorney Blog, July 10, 2012
Sunrise crash, South Florida Injury Attorney Blog, May 16, 2012
Photo credit: ‘Fort Lauderdale Skyline 7’ by Bastique [GFDL, CC BY-SA 3.0, CC BY-SA 2.5, CC BY-SA 2.0, or CC BY-SA 1.0], via Wikimedia Commons.