The Palm Beach Post reports that on Feb. 20, a husband and wife were jogging in Juno Beach when they were hit by a car, killing the husband. Both were flown to St. Mary’s Medical Center, where the wife remains in critical but stable condition.
The crash happened Thursday around 5:50 p.m. at the intersection of Donald Ross and U.S. 1. Police believe that the driver of the vehicle was traveling south on U.S. 1, when the joggers ran out into the road. Juno Beach Police Chief Brian Smith said that the driver of the vehicle will not face criminal charges. “Unfortunately, it’s just a horrible accident,” Smith told the Palm Beach Post.
Negligence in Car Accidents
The theory on which most car accident lawsuits are based is that the other driver, or another party, was negligent. Everybody has a duty to exercise a reasonable standard of care while operating a vehicle or using common roads. To prevail in a negligence lawsuit, the injured must show the defendant did not meet this standard of care; this negligence caused the accident; and the breach of this duty caused their injuries. Potential defendants may include negligent drivers, reckless drivers, intoxicated drivers, passengers, pedestrians, or bicyclists
Wrongful Death in Car Accidents
The Wrongful Death Act can provide some measure of relief and accountability. It provides for compensation for the damages incurred as a result of the wrongful death of a loved one. And by doing so, it forces those who caused the harm to take responsibility for their actions. If you have lost a loved one in a car crash, you may have legal recourse through a wrongful death lawsuit. In these cases, the family or survivors of the victim must prove that their loved one was killed as a result of another’s negligence. These cases include car, truck or motorcycle accidents, medical malpractice, premises liability, product liability and construction accidents. In Florida, the Wrongful Death Act creates a cause of action in the name of the personal representative of the estate of the decedent for the benefit of the "next of kin".
Damages in a Car Accident Lawsuit
An experienced West Palm Beach injury attorney will pursue the compensation you deserve, including:
- Medical expenses
- Pain and suffering
- Lost Wages
- Future losses
- Punitive damages, in cases of egregious negligence
Car accidents are a common cause of personal injury. Their impact ranges from the inconvenience of property damage to serious injury or death. If you have suffered injury in a car accident, you may be entitled to compensation. The circumstances surrounding the collision, the conduct of the drivers involved, the nature of the injury suffered, and the available automobile insurance impact whether compensation is available. Our firm has the experience necessary to evaluate the issues of liability and damage, protect your rights, and maximize the compensation you receive.
William E. Johnson is a preeminent trial lawyer with an established practice in West Palm Beach to serve clients in the areas of personal injury and wrongful death. With offices based at CityPlace in the heart of West Palm Beach, Mr. Johnson serves those whose lives have been affected by personal injury or wrongful death throughout the state of Florida.
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