According to a spokesperson for the Pembroke Pines Police Department, a woman is being charged with DUI manslaughter and more after leaving the scene of a deadly motorcycle crash Saturday night in Pembroke Pines. The Pembroke Pines Police Department arrived at the scene of the wreck Saturday evening just after 11pm at night near the 4200 block of Davie Road. Upon arrival, police discovered that a motorcycle and a Jeep Cherokee were traveling south on Davie Road when witnesses said the Jeep changed lanes at a high rate of speed and struck the motorcyclist. The rider of the motorcycle was reportedly thrown from the vehicle and died at the scene while the driver of the Jeep fled the area. Officers later found the Jeep and the woman behind the wheel later that night. The woman was arrested for DUI manslaughter and leaving the scene of a deadly crash.
Proving Fault in Florida Traffic Accidents
One of the main legal principles of tort law is the concept of duty. Everyone has the duty to use reasonable care when carrying out daily activities. In other words, every person has a duty to behave as a reasonable prudent person under similar situations. When an individual’s actions or inactions fail to meet the standard of care established by said duty, their conduct is said to be a breach of that legal duty to another person, it is usually due to some type of negligence on the part of the tortfeasor. One of the most common examples of negligence is a driver who drives negligently or carelessly and causes an accident that leads to injury and/or property damage. Under Florida law, all people, businesses and the government are required to act reasonably, and if they are careless, the law holds them responsible for any injuries they may have caused. The most common way to get compensated after sustaining an injury in a car accident or incident is by filing a personal injury claim or lawsuit against the responsible party. A personal or bodily injury claim addresses injury to the person. Personal injury claims can arise from all types of situations including car accidents, motorcycle accidents, truck accidents, bicycle accidents, slip and falls, trip and falls, etc. If an individual succumbs to their injuries, a wrongful death lawsuit can be filed against the responsible party. The initial legal issue in most if not all personal injury cases arising from car accidents is the requirement that the personal injury victim prove that the other driver’s negligence. This concept is referred to as liability. If you hire a personal injury attorney to handle your case, you may hear your personal injury lawyer say, “we have to prove fault or liability” or “we can’t prove fault or liability.” In order to establish a prima facie case of negligence there must be the following elements: Duty, Breach, Causation, Damages. A Defendant owes a duty to all foreseeable plaintiff’s that may be injured by their conduct. As mentioned above, the standard duty of care is that of an ordinary prudent person under the circumstances. The breach of the duty had to have been the cause of plaintiff’s injury. Next, causation must be shown as the actual cause and the proximate cause of Plaintiff’s physical injuries. Finally, defendants breach of duty must be a substantial factor in causing Plaintiff’s injuries. In determining whether there is causation we look to whether Defendant’s conduct was the cause in fact and the proximate cause of Plaintiff’s injuries.
Speak with a Personal Injury Lawyer in Miami Today!
The shock of a serious car wreck can make a lasting impact on all aspects of one’s life: mental, physical, financial, emotional, etc. Even so, it is essential for any individual injured in a car wreck to get informed on the ins and outs of the personal injury claims process. Were you or someone you know seriously injured in a car wreck in South Florida? Sadly, car wrecks occur multiple times every day in both Miami and Broward. You may have been involved in a minor accident or more serious car accident. Either way, you can be sure that our team of experienced car accident attorneys can help guide you through the entire process of filing an insurance claim against the negligent driver or filing a personal injury lawsuit for damages. If you have any questions or concerns about your personal injury case, contact one of our car accident attorneys! Call Our Injury Lawyers Today for a Free Consultation! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
