A woman was killed in Davie, Florida following a multi-vehicle car accident early this morning. The accident happened on the Turnpike approximately one half mile south of I-595. According to news reports, the woman was driving her Mazda in the northbound lanes when another vehicle rear ended her.
According to the Florida Highway Patrol, secondary car accidents were caused when the motorists traveling behind the Mazda swerved out of the way. Fortunately, no one else was killed, although three other people were injured. The conditions of those who were injured are presently unknown, however Davie Fire Rescue did transport them to Broward General Medical Center.
Hopefully those involved will be ok.
From the standpoint of an injury lawyer who analyzes car accidents on a regular basis, I can tell you that rear end collisions create a "presumption of negligence" on the driver who rear ended the victim.
Putting all the legal talk aside, this means that when one driver rear ends another, the person who does the rear ending is considered to be at fault.
This presumption is EXTREMELY important for any injury lawyer litigating a car accident case because the the person who caused the rear ending then has the burden of proving they were not the negligent party, even though they rear ended someone.
For example, if the driver of the victim car was doing something reckless, such as wildly swerving between lanes or randomly slamming on the brakes for no reason, thereby causing the vehicle behind them to crash into their rear, this may be considered a good excuse for rear ending the car in front.
However, in the absence of credible evidence to the contrary, the vehicle doing the rear ending is almost always held accountable.
In a case like this, such evidence is EXTREMELY important because the woman who got rear ended has been killed.
As much as everyone hates injury lawyers, the truth is that cases like these cause very serious financial repercussions for the deceased's family. Not only are they entitled to hefty compensation for the death of their loved one, but children need to be fed, clothed, and educated, mortgages still need to be paid, and the financial consequences of living in modern society still go on for those people who depended on the person who got killed.
As the surviving relatives of someone killed in a horrific car accident, they should not be the ones to pay. Rather, the law says the negligent party who is responsible for the accident must pay.
This is where insurance companies come in.
If the driver of the negligent car had any insurance, most reputable insurance companies will quickly recognize that their insured was responsible for the accident and will pay the survivors the full amount of the policy.
However, this is not automatic.
It would be extremely prudent for the families of the deceased woman to hire an intelligent and experienced injury lawyer to fight this case on their behalf. Navigating the court system and insurance companies is complex and requires tremendous professional experience to be handled correctly.
For instance, if the insurance company decides to dispute negligence, the injury lawyer for the victim will have to mount a very serious case against them. This will include complex car accident reconstruction, forensic medical evidence, and a thorough investigation into eye witness observations.
Putting together a case like this is difficult because the primary witness is deceased and not present to testify or tell us what happened. That means a case must be built using physical evidence found on scene and the eye witness accounts of other people.
Building a winning case using such evidence requires years of experience in the courtroom as well as masterful knowledge of the law and legal procedure.
Putting all the legal issues aside, I feel sorry for the victim and her family. This case is a terrible one and I can tell you from experience, that it will change all those involved for the rest of their lives.
My condolences go out to the family.