Broward Sheriff’s Office traffic homicide detectives are searching for the driver who seriously injured a Good Samaritan last week who was helping out another whose car had become disabled in Oakland Park. The hit-and-run crash was reported around 12:15 a.m. Wednesday in the eastbound lanes of East Cypress Creek Road at North Dixie Highway. Deputies said the victim, Jonathan James Patterson, was helping the driver whose car broke down when he was struck by a vehicle similar to a 2013-2016 Lexus GS 350. Detectives believe the driver was trying to turn right, but turned too wide, striking Patterson who was standing under the hood of the disabled car.The driver fled the scene, authorities said. Broward Sheriff Fire Rescue personnel took Patterson to the hospital with severe injuries. Authorities said the vehicle involved in the collision would have heavy front-end damage.
Florida’s Good Samaritan Act
The Good Samaritan Act provides immunity from civil liability to health care providers who gratuitously and in good faith render emergency care and treatment in situations related to and arising out of a state of emergency which has been declared pursuant to Fla. Stat. § 252.36. It also grants immunity to health care providers who render emergency medical care and treatment to injured persons at the scene of an emergency outside of a hospital, doctor’s office, or other place that has proper medical equipment. The act establishes a standard of care which provides that health care providers shall not be held liable for civil damages as a result of rendering emergency
medical care and treatment, or as a result of any act or failure to act in providing or arranging further medical treatment where the health care provider acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances. If the health care provider does not comply with this standard of care, the grant of immunity will not apply. In addition, the grant of immunity will not apply if the victim objects to receiving the care or treatment.
Good Samaritan statutes are generally designed to protect individuals from civil liability for any negligent acts or omissions committed while voluntarily providing emergency care. The primary purpose of the statutes is to encourage prompt emergency care by granting immunity from civil damages and removing the fear of liability. The statutes generally attempt to eliminate common-law rules, under which a volunteer, choosing to assist an injured person although having no duty to do so, was liable for failing to exercise reasonable care in providing the assistance. After the first Good Samaritan statute was passed in 1959, all 50 states have enacted some form of legislation. All 50 states have passed some variation of the “Good Samaritan Act.” Some of these laws create a duty to rescue and encourage bystanders to assist. Yet other Good Samaritan laws are intended to protect the actions of private citizens assisting others in emergency circumstances, outside of a hospital or physician’s office, where some injury is inadvertently caused.
The Good Samaritan Act is found in Fla. Stat. § 768.13 and it basically provides that any person including medical practitioners who gratuitously and in good faith render emergency care and treatment at the scene of an emergency shall not be liable for damages when the injured victim does not object and if the person providing the treatment acts as a reasonably prudent person would have acted under the same or similar circumstances. The act distinguishes emergency care and treatment rendered in a hospital from emergency care and treatment rendered outside a hospital.
Speak with a Miami Personal Injury Attorney
If you or a loved one were injured in an accident involving another vehicle, you may have a legal right to recover significant compensation for your injuries. The Law Offices of Suarez & Montero is a personal injury law firm with locations in Miami and Broward. A personal injury claim can seek funds that cover medical expenses, lost income and other damages. The train accident attorneys at Suarez & Montero can help those of you who would like to pursue a car accident claim. To discuss how we can assist you, call us or contact us online. We encourage you to learn more about and the successes our attorneys have had on behalf of individuals and families who have suffered serious
personal injury in accidents involving vehicles. Call us today to schedule a free consultation. We’ll review your case and help you understand your legal options.
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.
