Deadly Pedestrian-Vehicle Crash in Spring Hill
Spring Hill, FL – According to the Florida Highway Patrol, a pedestrian-vehicle crash resulted in the death of a woman in Spring Hill.
The victim, Laura Kennedy, was struck by a Buick as she was trying to cross State Road 50 in Spring Hill.
The accident took place just after 1 a.m. on Wednesday.
Laura Kennedy was crossing on State Road 50 and Fort Dade Avenue when the driver of the Buick, a 33-year-old woman and her male passenger, 42, hit her.
Those in the vehicle suffered minor injuries.
Laura Kennedy was transported to Bayonet Point Hospital where she died of her injuries.
Investigations are currently taking place to determine the cause of the crash.
Vehicle Collisions With Pedestrians
Hitting a pedestrian with a vehicle is not only scary, but it happens more often than people think. In fact, reports gathered by the National Highway Traffic Safety Administration found that in 2006, 60,000 pedestrians were harmed during a vehicle-pedestrian accident. The problem with these types of accidents is that no matter how fast the car is going, the pedestrian can become seriously injured, whether it is at 30mph or 10 mph. In this case, Laura Kennedy lost her life as she was attempting to cross. We still do not know the full extent of why the collision took place and whether alcohol was a factor in the crash, but as a driver, there is a certain duty of care that must be fulfilled.
Was Laura Kennedy not visible to the driver?
Was the driver under the influence?
Did Laura suddenly cross without having seen the vehicle coming?
These are just some questions that are often raised after pedestrian-vehicle accidents. Once investigations have concluded and the reason behind the crash is determined, determining liability and whether mitigation will play a role in this crash will be seen through. The professional personal Injury law firm of Percy Martinez in Florida has expert personal injury lawyers that often deal with cases involving negligent drivers. When negligence is present, the victims of that negligence can be compensated for the damages they acquired. In this case, whether the liability is mitigated or not, the driver of the vehicle will still be faced with paying for the wrongful death of Laura Kennedy.
Who is at Fault During a Vehicle-Pedestrian Accident?
Determining liability in any type of accident can sometimes prove difficult because there may have been no physical evidence present or no witnesses to speak about the accident that took place. Laura Kennedy is unable to tell her story, so we have to rely on the discovery of investigators to determine how and why this preventable accident took place. Generally, the fault will be determined by what is known as “law of negligence”. In other words, who failed to exercise reasonable standard of care during this accident? That person would be considered negligent.
However, even during pedestrian-vehicle collisions, the driver, along with the pedestrian can both be at-fault.
For example: Let’s say Laura Kennedy was crossing the street illegally and the driver of the Buick was under the influence. With that case, both the driver and pedestrian would be at-fault. In Florida, the rule used to spread the fault on both parties would be “comparative fault”.
What is comparative fault?
Comparative fault refers to the pedestrian being able to be compensated for some damages even though they may have also contributed to the accident. A percentage of fault will be placed on each party to determine how much the victim will be eligible to recover. The fault will be determined through the investigation and any other evidence that is present. If officials determine that Laura Kennedy played no role in the accident, her family could have a successful wrongful death lawsuit.
What Can I recover With a Wrongful Death Lawsuit?
Our deepest condolences go out to the friends and family of Laura Kennedy. Our knowledgeable Florida personal injury lawyers understand the pain and suffering that losing someone brings. It will never be the same but seeking justice through a civil suit can help pay for all the damages that the family will now be faced with. With a wrongful death lawsuit in Florida, you can expect to recover for the following:
- Fees associated from the moment of the crash until the death of the victim
- Funeral and burial costs
- Loss of consortium
- Pain and suffering
- Income loss
These are just some of the damages that could be recovered. Remember, the damages awarded vary widely according to the extent of the damages done and the relationships that the victim had with her family.
Seek a Competent Personal Injury Lawyer’s Advice
There are many legal jargons, limitations, and exclusions tied with personal injury cases. We want the family of Laura Kennedy to know that they are not alone, especially not during these difficult times. Our professional team of personal injury attorneys at Percy Martinez Law Firm can provide them with a sense of relief that they are in the best legal hands in Florida. When negligence is present, we fight to seek justice for our clients.