A multi-millionaire polo star is back in court regarding a 2010 DUI manslaughter and vehicular homicide case. According to a local news report, four years ago a recent college grad was driving a Hyundai when the defendant crashed his Bentley into him. Evidently, the defendant waited over an hour before calling the authorities or 911.
He was convicted of this crime in 2012, but the conviction was subsequently thrown out because of juror misconduct. The new trial started late last week, where he once again pleaded not guilty. The defendant is claiming that his car malfunctioned and that he was not intoxicated, although his blood alcohol concentration was double the legal limit.
Responsible Parties in Car Accident Claims
In Florida, car accident claims can be based on the negligence of several people or entities. For example, a victim may claim the negligence of another driver, or an entity that designed an unsafe road, or even a manufacturer of a part of a car.
To bring a negligence claim against another driver, the victim or his or her representative must establish that the other party owed a duty to exercise a reasonable standard of care, that the other driver breached that duty, and that the breach caused the victim’s injuries and damages. Many times, negligence can be established when the other party was participating in conduct such as driving under the influence of drugs or alcohol, failing to call for help after an accident that he or she caused, speeding, or driving while texting.
In the above case, the defendant is attempting to claim that his car malfunctioned, which was why he was unable to stop. If this is in fact correct, the victim’s family may be able to bring a suit against the manufacturer of the car. In some situations, the manufacturer will be liable if the design of its device was unreasonably dangerous, or if it failed to warn of the dangers. In these situations, the victim must show that the defect either caused or exacerbated his or her injuries.
Furthermore, in some situations a plaintiff may be able to bring a suit against the entity that designed the roadway where the accident occurred. At times, the condition of the road may be dangerous and the possibility of an accident high. Some examples of dangerous or poorly maintained roads are ones that have severe curves without any warning, lack appropriate guardrails and adequate signage.
Have You or Someone You Know Been Injured in a Car Accident in Florida?
If you have been a victim of a car accident in Florida, it is important that you consider retaining an attorney to assist you with bringing your claims. These types of cases can often be complicated, include a significant number of culpable parties, and can involve negotiations and discussions with insurance companies. If you have been injured in a car accident, you may be compensated for your past medical expenses, your future medical bills, and other damages related to your injuries. Please contact one of our dedicated and experienced attorneys today at 352-387-8700 to set up a free initial consultation.
More Blog Posts:
Florida Helicopter Crash Results in $16 Million Verdict, Ocala Injury Lawyers Blog, published October 3, 2014.
Tampa City Truck Driver Kills Toddler in Accident, Ocala Injury Lawyers Blog, published September 12, 2014.