Six-year-old, Camari Dennison, was on a bicycle and died as a result of an accident on New Year’s Day 2017 on 10th Street in Apopka, Florida. The accident happened at approximately 3:30 p.m. when Soraya Youngblood struck Camari on his bicycle after he rode from a driveway onto the street. EMS personnel took Camari to Florida Hospital-Apopka where he passed away. FHP is investigating this accident.
Drivers Have A Duty To Keep A Proper Lookout
While Camari was riding his bike into a public street and had the legal obligation to yield to traffic, the fact of the matter is that the driver of a motor vehicle also has an obligation to keep a proper lookout on the roadway and to avoid hitting anyone, if possible. As this was a neighborhood and a holiday, Ms. Youngblood should have expected children to be present in the middle of the afternoon. Therefore, what may normally be a 30 mph drive through a neighborhood street may need to be done at 20-25 mph and paying extra attention. While New Year’s Day isn’t as popular of a holiday to expect children in the streets as Halloween night would be, however, it should still be expected nonetheless.
Drivers Must Exercise Proper Precaution Upon Observing Any Child
In my mind as a personal injury attorney, this is a classic case of failing to exercise due care to avoid a pedestrian. I have cited the relevant statute below.
Section 316.130, Fla. Stat. states:
(15) Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.
I believe that Ms. Youngblood is going to be found legally responsible for this accident in a court of law and that Camari’s death is fairly considered a wrongful death under Florida law.
Damages For Wrongful Death
There should be a $5,000 death benefit under the automobile insurance policy of any resident relative household member (I assume that one or both of Camari’s parents own a car). This is a no-fault benefit that is paid regardless of fault. Further, Camari’s parents should sue Ms. Youngblood for negligence arising out of the use of her automobile. The news did not say that Camari suddenly darted out in the street or turned a blind corner to which even the most aware driver could not avoid. Camari’s parents will be entitled to pain and suffering, mental anguish, and other damages under Florida’s wrongful death act. This is a loss that no parent should have to endure, especially when it could have been prevented by paying better attention to the roadway. From maps of the area on Google Maps, Ms. Youngblood should have been able to at least notice a child from quite some distance away. There was no evidence of distracted driving reported, however, that does not mean that it was not a factor.
Call A Central Florida Wrongful Death Attorney To Discuss
If you lost a loved one in a car accident in Florida, please contact a Central Florida wrongful death attorney to discuss the merits of the case for free. You may need to establish a probate and have a personal representative appointed. In addition, you should have a professional examine the insurance policies to ensure that you receive all of the available coverage. If you are not receiving all of the available coverage or the person who caused the accident is likely to have assets reachable by civil judgment, you may need to file a lawsuit. Call us to talk about how we can help you today.