Who Is To Blame For Head-On Car & Truck Crash In Orlando, Florida?
There are always many heartbreaking auto crash collisions in the news in Orlando, Florida. Many people may not understand exactly who is to blame in these auto crashes. If they occur at high speeds, as they often do, fatalities are sadly very common.
Car Hits Truck Accident in Lake County
Just this past week, a head-on collisions involving fatality was in the news. I thought I would explain who might, or might not, be responsible in this car accidents. This might give you just a taste of the complicated issues that might arise in car or truck accidents.
Just a few days ago, a 70 year old Eustis woman and her dog were killed during a head-on collision with a garbage truck. The woman had been driving northbound on County Road 437 at County Road 44A, when she, for unknown reasons, entered the southbound lane. In other words, she started driving in the wrong direction. Tragically, her car was hit, head-on, by a garbage truck driving in the opposite direction. The garbage truck was driving by a young Mount Dora man, and his passenger. The two men were not injured.
The news did not report what caused her to drive into the lane of the truck. There could be many possible explanations. For example, she could have been texting while driving, driving drunk, or, as someone mentioned in the comments to the news article, driving with her dog in her lap. Any number of distractions could have caused her to veer into another lane. In those cases, she would likely have full responsibility for the accident. If she did, her family would have no way of getting any auto insurance money, because only innocent drivers, for the most part, can recover.
There Might Be Creative Arguments Supporting The Other Driver’s Liability In Any Auto Crash Cash
However, there is something in the law called comparative negligence. That means that, in an auto crash case,the jury may divide fault among all drivers on a percentage basis. For example, although the news did not mention any other vehicles, if there had been another vehicle, which somehow forced her into the lane, then that other vehicle might share a good percentage of the responsibility. For example, if she had been trying to lawfully pass another vehicle, but the other intentionally vehicle sped up, to prevent her from returning to her own lane when she saw another oncoming truck, then that other vehicle might share some percentage of the fault. That type of scenario is probably a long-shot, but anything is possible. Another possibility is that the other driver was texting, and speeding, so possibility contributed to the auto crash himself, by not avoiding the collision. Again, a long-shot but possible. If his passenger had been injured, and he was the only one with decent insurance coverage, all aspects of potential liability on the part of both drivers should be carefully analyzed. So an auto crash attorney needs to be open-minded about possible fault scenarios, and needs to spend enough time listening to the story, to know whether there are any ways to hold others partially or fully responsible.
Lack Of Witnesses In Wrongful Death Car Accident Cases May Create Proof Issues
As a side note, when there is a wrongful death auto crash, especially if all of the passengers died, then reconstructing what happened during the accident can be a problem. There may be no witnesses to tell the story of how the accident happened, or at least to oppose the testimony from the other driver. Not having evidence can be a real problem in this cases because the plaintiff, or injured person, has a legal duty to prove who caused the truck or car accident.
The Jury Decides Percentage Of Blame
If the men in the garbage truck had been injured, they would likely have a claim against the woman who drove into their lane. There are some scenarios that could prevent her from being responsible, either partially or fully. Meaning: she might have no blame, or she might just have some percentage of the blame. For example, like all drivers, the woman had a legal duty to act as a reasonable driver. But, let’s say she had a sudden heart attack, and had no prior knowledge of heart problems. In that situation, she might have none of the blame. This would just be a freak accident. Or, let’s say she was driving with her dog in her lap, which distracted her, and caused her to drive in the other lane. In that case, she wasn’t behaving as a reasonable driver. However, let’s further say that the truck driver was speeding, and he was also texting while driving, so not watching oncoming traffic. In that situation, a jury would be able to consider the fault of both drivers, and divide fault on a percentage basis.
Make Sure You Speak With A Car Crash Attorney Before Any Insurance Company
Since fault in an auto accident can be very complicated, and depend on many facts, everyone involved in an auto accident involving a serious collision, or injuries, should speak with an attorney, before speaking with any insurance company. Insurance companies, even your own, are determined to pay you as little as possible for your case. That is their job. So getting legal advice after an accident is very important. You should also seek medical treatment as soon as possible, since any delays in treatment may affect case value.
Ms. Willis diligently represents car and truck accident victims throughout Orlando, Florida.