Car accidents is an inevitable situation that can happen not only to you but also to your love ones in Florida. Mostly, people who are in a car accident suffers only minor injuries, but some are unfortunate. Losing loved ones due to the negligence of others is very frustrating, infuriating and the grief that the bereaved family felt is unimaginable. In the hope that justice may serve, you need to look for the best and reliable fatal car accident lawyers that can help you get the justice you deserve.
What does the law state in Florida regarding car accidents that results to death?
Vehicular manslaughter is a felony and you can be charged with a second or first-degree felony depending on if you provide your information or not. Even if it’s your first offense you could face up to 15 years in prison as a result of your negligence. According to Florida Statute 316.062, due to this being a felony, the convicted individual will have to serve a mandatory sentence of four years.
What statute does fatal car accidents fall under in Florida?
There are two Florida statute that mentions car accidents that result in a fatality. Florida Statute 782.071 states that “Vehicular homicide” is the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another. Another Florida Statute is 316.027 that states “The driver of a vehicle involved in a crash occurring on public or private property which results in the death of a person shall immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A person who is arrested for a violation of this paragraph and who has previously been convicted of a violation of this section, s. 316.061, s. 316.191, or s. 316.193, or a felony violation of s. 322.34, shall be held in custody until brought before the court for admittance to bail in accordance with chapter 903. A person who willfully violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, and shall be sentenced to a mandatory minimum term of imprisonment of 4 years. A person who willfully commits such a violation while driving under the influence as set forth in s. 316.193(1) shall be sentenced to a mandatory minimum term of imprisonment of 4 years.”
How can an attorney help the family?
The first thing that’s going to be asked is how did the accident happen and who was at fault? An investigation will take place to see what factors came into play that led to the fatal accident. The lawyer will help you with filing your wrongful death claim or suing the responsible party for compensation. Not only can the driver of the car be sued by the family of the deceased, but the bartender who kept giving the visibly impaired drinks can also be charged. If the accident was caused due to something malfunctioning in the car then the family can sue the manufacturer of the car.
What are 3 things I should know if I was involved in a fatal car crash?
If you are recklessly driving and end up causing a fatal accident, then you will be arrested for criminal charges. Even if you aren’t arrested the deceased family members may sue you and take you to court. They could sue you for compensation for any expenses they had to pay because of the fatality. Your insurance can also increase because of the fatality because they would have to pay for the damages and expenses.
Frequently Asked Questions
What causes most car fatal accident in Florida?
Florida is ranked number 3 in most car accident fatalities. Drunk driving is the leading cause of fatal car accidents in Florida. After drunk driving, distracted driving is the second highest cause of fatal accidents. Distracted driving accidents are caused by texting, using social media or taking pictures while driving.
Can you go to jail if you are involved in a fatal auto accident?
Vehicular manslaughter is a felony and can have a prison sentence of up to 15 years. Even if you have never had any prior offenses then you can still get a 15-year sentence depending on the factors that led to the fatality.
What will happen if you were going 30 miles over the speed limit and you crash your car and someone dies?
If you are driving over 30 miles per hour then you can get charged with reckless driving. If there is a fatality, then there will be vehicular manslaughter which is a second-degree felony. If convicted for vehicular manslaughter, then the penalties will be a prison sentence of up to 15 years with a probation sentence of up to 15 years. You will also be charged a fine of $10,000. If you don’t provide to provide your information, then it’s a first-degree felony and the penalties increase. Your prison sentence increases to up to 30 years in prison with 30-years probation and a $10,000 fine.
Will your insurance company always pay if you were involved in a fatal car crash?
For a wrongful death claim, the investigation would have to prove that negligence of the other party was the cause for the fatality. The insurance company will only pay if the individual was killed as a result of a car accident.
Florida is ranked number three out of all the states for fatal car accidents. These car accidents can be caused by DUI, speeding, distracted driving or faulty machinery. If there is a fatality, then not only is the decease family members affected but anyone who played a role in the accident. This could be friends, the bartender, the cashier at the liquor store, or the manufacturer company. In the end, a life was taken and there are consequences as a result of it. The family, in the end, could seek compensation for the medical bills, funeral cost or any other expenses that they had to pay as a result of the accident.
At the Smith & Eulo Law Firm, we have criminal defense lawyers to represent you in your case. Call us today for a free consultation at 407-930-8912 or email at firstname.lastname@example.org. We strive to always be available for you.