Davie, FL – According to the Florida Highway Patrol, one person is in critical condition and another individual was killed following a crash in Davie, FL.
The accident took place on eastbound State Road 84 just east of Southwest 148th Avenue Sunday morning.
The deceased, 52-year old Denise Marsh was killed as she and a group of cyclists were hit by 33-year old Nicole Vanderweit who was driving a Honda Fit.
There were two columns of riders who were on SR 84 east of Southwest 148th Avenue. Reports mention that Vanderweit struck the outside column of cyclists.
62-year old Carlos Rodriguez was critically injured and in surgery due to the crash, according to Davie officials.
Officials mentioned that Vanderweit admitted to being distracted and that neither drugs nor alcohol were a factor for the accident.
Edgar Reyes, 48; Maria Bautista, 56; and John Beitz, 49 were in stable condition.
No charges have been filed as of yet.
Crashes Involving Cyclist and Vehicles
As seen by this accident, vehicle and cyclists’ accidents are often deadly. Unfortunately, an innocent woman, Denise Marsh, had to die in this crash due to the recklessness of another person. How do these accidents occur? Why did Vanderweit drive so recklessly and endangered all of those cyclists? We know that distraction played a role, and officials are trying to determine whether cellphone use was a factor; due to the driver’s negligence, a life was lost and several other people were injured. When accidents that cause fatalities and injuries happen, many questions by the family members come to the surface. Our professional team of personal injury lawyers at Percy Martinez understand various reasons behind vehicle collisions, including:
- Drunk driving
- Driver that is distracted: This reason has already been deemed the cause for this preventable accident. Vanderweit was distracted by something which resulted in this accident.
- Improper passing
- Drivers that are drowsy
It saddens us to see these types of crashes that could have been avoided. When negligence is present, and the result of that negligence is a preventable accident that leads to someone’s death or injury, those responsible will be held liable, in this case, Nicole Vanderweit.
Understanding the Role of Negligence During Driving
When a driver is negligent, it refers to them having behaved in a careless/reckless manner that led to another person’s death or injury. A driver can be negligent by performing certain actions that they should not have been at the time like running a red light, speeding, improper passing, or responding to a text message. When car accidents occur, the term “negligence” is a legal term that is often used. In order to determine who will pay for the damages created by the accident, the negligent person has to be determined. All drivers have a responsibility to avoid harm to others around them. Vanderweit was clearly reckless and admitted to having been distracted. In order to bring on a lawsuit for negligence, these following elements are required:
- Reasonable care was required: With car accident cases, this is a given. The law requires that every driver is careful with whoever they encounter on the road, other car, motorcycles, pedestrians, etc. This is considered the “duty of responsible care”. Vanderweit had a duty to be aware of the group of cyclists, but she failed to do so. Had she been more aware of her surroundings and not distracted by something else, Denise Marsh would still be alive today.
- The defendant lacked care: This would be known as violating the duty of care. Just by stepping behind the wheel while intoxicated, Vanderweit was clearly not expressing care for others, or herself. The answer to that question is up to the determination of the investigation, but there are certain actions that drivers take that can quickly assume that a driver lacked care like speeding, not stopping at a stop sign, using their cellphones, and more.
- Negligence resulted in the crash: It was determined by the FHP that Vanderweit was distracted by something. That distraction is what led to the accident. So, in other words, this element is already fulfilled. The crash resulted in the death of Denise Marsh, and the injuries of others.
Experienced Personal Injury Lawyers for All Types of Accidents
Our professional team of personal injury attorneys at Percy Martinez are extremely saddened by these types of cases. We know the pain and suffering that an unexpected death brings to the family and friends of the victims. We want these families and friends to know that we work with every detail of the case to ensure that the liable party/s pay for the maximum damages they caused.
