201705.31

Motorcyclist Kills Fellow Motorists and Fisherman on One of Miami’s Busiest Bridges

A recent tragic motorcycle accident on one of Miami’s busiest thoroughfares, the Tuttle Causeway connecting Miami Beach to downtown Miami, killed three people. According to a report from the Miami Herald, the accident occurred when a motorcyclist hit a motorist on a scooter, and then careened into a fisherman fishing on the bridge. The accident occurred at 4:30 a.m. while it was still dark outside. The fisherman was taken to an area hospital, where he later died from his injuries. The motorcyclist and the motorist on the scooter died at the scene.

Florida Law Regarding Wrongful Death Claims

Although no police report or investigation into the accident on the Tuttle causeway has been publicly released, this scenario brings up the issue of Florida’s Wrongful Death Act (the Act) and the often misunderstood nature of wrongful death claims in Florida. If a person or person(s) bringing a personal injury claim in a Florida lawsuit is doing so based upon the death of an individual, that person would be bringing a claim under Florida’s Wrongful Death Act. This is true whether the individual is doing so based upon medical malpractice or a motor vehicle accident like the one described above. Under Florida law, a statutory survivor, such as a spouse or child, could bring claims for loss of support and services as a result of the decedent’s death, loss of consortium, funeral and burial expenses for the decedent’s funeral, as well as for pain and suffering associated with the decedent’s death under the Act.

In addition, under the Act, the decedent’s estate will also have a claim for any expenses that the estate was forced to pay as a result of the decedent’s death. In addition to the damages designated to particular survivors of a deceased person who has died as a result of a wrongful death, the deceased person’s estate may also be eligible for lost earnings or lost prospective net accumulations of the estate. Funeral and medical bills for which the estate is liable may also be recoverable. “Net accumulations” are defined as the money that would be left over after the deceased person paid his or her taxes and normal living and personal expenses.

Therefore, in the example above, if the deceased fisherman had a wife and three children, each would have separate claims against the estate of the motorcyclist if the motorcyclist were found to be liable for the fisherman’s death. The fisherman’s estate also would have a claim.

Contact the Experienced Personal Injury Lawyers of Schwed, Adams, Sobel & McGinley if a Loved One Has Been Killed in a Motor Vehicle Accident or Other Scenario

If a loved one or family member has been killed in a tragic incident like the recent accident on the Tuttle causeway, contact the experienced personal injury attorneys of Schwed, Adams, Sobel & McGinley today. Our personal injury attorneys have over 150 years of combined legal experience representing those who have been victims of motor vehicle accidents or other scenarios involving a wrongful death. If a family member or a loved one has been killed, regardless of the scenario in which such a tragedy occurred, contact the experienced personal injury attorneys at Schwed Adams today for a free consultation at contact@schwedlawfirm.com or 877.694.6079.