Fatal Accident Delray Beach: Results in Civil Settlement and Criminal Charges Still Pending against Lamborghini Driver
A recent civil lawsuit stemming from a horrific September 2016 accident involving an Uber driver, an expensive sports car, and a hit and run in Delray Beach recently ended in a confidential settlement for the accident victim’s widow. According to WBPF’s original news report regarding the accident, the Uber driver, 82, was stopped at a stop sign in downtown Delray Beach when he pulled out onto Federal Highway, a major thoroughfare. A Lamborghini traveling at 75 mph in a 35 mph zone crashed into his vehicle, killing the Uber driver. The Lamborghini then crashed into the curb and also hit two parked cars. The Lamborghini’s driver, who owns multiple gyms and fitness facilities throughout South Florida, was injured in the crash and had to be taken to the hospital.
To make matters even stranger, the Lamborghini’s driver’s girlfriend, who also was driving at a high rate of speed in a yellow Porsche traveling in an adjacent lane, ditched her car and fled the scene while her boyfriend was taken to the hospital. According to the news reports, employees from a nearby pizza restaurant raced outside and administered CPR to the Uber driver but were unable to resuscitate him. The girlfriend has not currently been charged with any crimes in connection with her involvement in the accident, but there is speculation she and her boyfriend may have been racing at the time of the accident.
The Pending Criminal Charges Against the Lamborghini Driver
Although the crash occurred last September, criminal charges still remain outstanding against the Lamborghini’s driver. The driver was reported by police to be operating his vehicle at more than 75 mph at the time of the crash (in a 35 mph zone) and was also operating his vehicle under the influence of alcohol, with nearly twice (0.15) the legal limit (0.08) of blood alcohol content (BAC) in his blood at the time of the accident. He was charged with DUI manslaughter and several other criminal offenses. Those charges are still pending and are unaffected by the settlement of the civil lawsuit filed by the Uber driver’s widow.
The Admissibility of Pending Criminal Charges and Information Leading those Charges in a Civil Lawsuit in Florida
As their name suggests, any criminal charges which are filed against an individual as a result of a motor vehicle accident operate completely independently of a civil lawsuit which may be filed as a result of a motor vehicle accident. For instance, the Lamborghini driver is facing charges that will be unaffected by the settlement of the civil lawsuit filed against him by the Uber driver’s widow. Prosecutors may elect to go forward with the charges and prosecute the Lamborghini driver to the full extent permitted under the law. The Uber driver’s widow nevertheless may have been entitled to utilize some of the information obtained by police in their investigation in connection with her civil lawsuit against the Lamborghini driver if her suit had continued.
Under Section 316.066(5), Florida Statutes, a “crash report made by a person involved in a crash and any statement made by such person to a law enforcement officer for the purpose of completing a crash report” cannot be used as evidence in a subsequent trial. The accident report privilege does not apply to sobriety tests, breath, or blood tests.
Therefore, any statements that the Lamborghini’s driver made to police could not be offered as evidence against him at trial in the civil case. However, the results of any BAC tests completed on the Lamborghini driver at the hospital would be admissible against him if the Uber driver’s widow’s case had gone to trial.
Contact Schwed, Adams, Sobel & McGinley if You or a Loved One Have Been The Victim of Another’s Driver Negligence in a Florida Motor Vehicle Accident
Florida motorists are often injured or even killed by motor vehicles whose drivers are operating their vehicles carelessly or negligently like the driver of the Lamborghini in the accident described above. If you have been injured or a loved one has been killed in an accident caused by another driver’s negligence in Florida, contact the experienced auto accident lawyers of Schwed Adams today at (877) 694 6079 or firstname.lastname@example.org. Our firm has extensive experience in representing personal injury victims. Contact our experienced attorneys today for a free consultation.