Late last week, an eight-year-old boy was killed and his older brother was severely injured after being victims of a hit-and-run. According to local news reports, a bartender without a license is thought to be a suspect in the incident. Evidently, the bartender was driving his friend’s pick-up truck when he hit the two boys at around 7 p.m., a few days before Christmas. Reports indicate that they were walking home from a basketball game at a local middle school. Tragically, their grandmother was supposed to pick them up, but she had a flat tire and could not get to the school. As they were crossing the street, the pick-up truck hit the two boys and sped away after the accident.
The owner of the car took the vehicle to a repair shop in Fort Lauderdale a few days after the hit-and-run, and the repair shop owner, realized the vehicle fit the description of the car involved in the boy’s death. After police tracked down the driver of the car, the suspect stated that he thought he hit something but was not sure what. He was subsequently arrested and charged with evidence tampering and failing to stop at an accident. The owner of the car was also charged with insurance fraud, being an accessory after the fact, and tampering with evidence.
Liable Parties in Florida Hit-and-Run Accidents
Unfortunately, all accidents have the possibility of causing serious injury and property damage. However, hit-and-run accidents can be exceptionally traumatizing. In Florida, a hit-and-run accident is considered as such when a person is involved in a crash and purposefully or willfully leaves the scene without providing his or her information to the owner of the property that was damaged. Furthermore, in Florida, individuals are mandated to stop immediately after an accident, provide pertinent information, and render help to those injured people. If they are unable to provide help, they must contact law and emergency personnel to assist.
When an individual is injured or killed in a hit-and-run, the victim or his or her family may be able to bring a negligence claim against the driver of the vehicle. Generally, the hardest part in hit-and-run accidents is finding the perpetrator. After the perpetrator is identified by law enforcement, a suit is much more likely to be successful. The plaintiff may be able to bring a suit for negligence or negligence per se against the defendant.
To bring a negligence suit, the plaintiff must show that the defendant owed the victim a standard duty of care, the defendant breached that duty, the breach was the actual or proximate cause of the victim’s injuries, and damages were incurred. Many times, criminal charges are brought against the individual by the state, and a conviction in that case makes a civil lawsuit for negligence much more likely to be successful.
Have You or a Loved One Been a Victim in a Hit-and-Run?
As the article above shows, hit-and-run accidents can be terribly devastating to all individuals involved, and litigation concerning these types of cases can be complicated. Having a dedicated and knowledgeable attorney is indispensable in cases such as these. The lawyers at the Dean Law Firm have several years of experience investigating, settling, and litigating these types of cases. If you or a loved one has been injured, you may be entitled to past medical bills, future medical expenses, and often times in hit-and-run accidents, damages for pain and suffering. Please contact one of our attorneys today at 352-387-8700 to schedule a free initial consultation.
More Blog Posts:
Florida Helicopter Crash Results in $16 Million Verdict, Ocala Injury Lawyers Blog, published October 3, 2014.
Florida Police Patrol Car Gets into Accident with SUV, Ocala Injury Lawyers Blog, published December 13, 2014.