News reports indicate that Ashley Scurry sustained fatal injuries in a car accident near Bartow, Florida on SR60 on April 13, 2020. The Ledger reported that a 1993 Toyota Camry that was driven by Tonya Rodriguez pulled out from Wingate and forcing Ms. Scurry to take evasive action. During the evasive maneuver, Ms. Scurry’s 2002 Chevrolet Malibu struck a 2002 Toyota Camry driven by Eric Williams. There was never an impact with Ms. Rodriguez’s vehicle.
Negligence Standard For Car Accidents In Florida and Comparative Fault Arugments
Florida law requires negligence before imposing legal responsibility on a driver for an accident. Florida law also asks jurors to apportion a percentage of liability to any responsible parties for a car accident. This is called comparative fault.
With that in mind, Ms. Rodriguez is likely to bear most of the legal responsibility for this accident as pulling out directly into the path of Ms. Scurry was the precipitating event that caused this collision. In a wrongful death claim brought by Ms. Scurry’s estate, a jury could hold her 100% responsible or only partially responsible if there is a comparative fault defense raised (in addition to a seat belt defense).
On the other hand, the other person involved in the accident may get a result inconsistent with any claims for wrongful death. This particular fact pattern, as reported, opens up a potential for comparative fault on Ms. Rodriguez for improperly entering the highway and on Ms. Scurry to some degree for the evasive maneuver. This would be an issue for a jury to decide if the case does not settle.
This is also a case where the abolition of joint and several liability comes into play. Anyone in the 2002 Toyota Camry has the potential to collect from both drivers in the event of a settlement or favorable jury verdict.
Talk To A Car Accident Lawyer In Polk County, Florida Today
Car accident cases often involve issues of disputed liability and comparative fault among different parties and insurance companies. To get answers to your questions about how the law applies to the facts of your case, you should get a free consultation with a Polk County car accident attorney. Call us today to schedule your free consultation with Russo Law.