Pedestrian Killed by Driver on Dixie Highway in West Palm Beach
An early night pedestrian accident on Dixie Highway last Tuesday evening has resulted in the death of one individual. According to West Palm Beach Police spokesperson David LeFont on Wednesday morning, the initial accident investigation occurring over the course of the evening revealed the following:
- An unnamed individual driving southbound on Dixie Highway approached the intersection at 10th street at an unknown rate of speed around nine p.m.
- Prior to passing through the intersection, the vehicle struck and killed an unknown male pedestrian
- Police officials declined to provide many details on the accident, but did note that decedent’s name was not released initially, as the Department was still seeking to notify family members
- Police officials ultimately revealed the pedestrian victim of the car accident as Wilkins Belvent, a 41-year old with unknown connections to the Fort Lauderdale area
At this time, Palm Beach police officials still remain unwilling to provide any information or speculation as to the chain of events leading to the collision between the vehicle and Wilkins, as well as regarding the identity of the driver.
Florida’s Rules on Wrongful Death in Car Accidents
Florida-specific statutes adjudicate the outcome of West Palm Beach County wrongful death claims. Specifically, the state of Florida adheres to the following steps relevant to filing a wrongful death lawsuit for the loss of a loved one, including:
- Florida’s statutes of limitations require that wrongful death claims be filed by the personal representative of the decedent’s estate, usually on behalf of immediate family members, within no more than four (4) years from the date of the death
- Florida law permits recovery of both financial and non-financial losses related to their family member’s death, with the state statutes and recent court decisions essentially lifting any former caps on damage awards in the state in tort cases
- Florida’s statutes contain specific provisions concerning cases involving car accidents causing death, which allows damage awards won by plaintiffs in an automobile related wrongful death case, whether tort or contract, to be modified after the fact
- Specifically, all automobile related civil awards in Florida are subject to scrutiny and judicial review in a process of a remittitur and additur actions, if requested by a defendant facing monetary losses in the award. These motions provide Florida judges, per the mandate of the Florida state legislature, mechanisms to review and adjust damage awards in auto-related wrongful death cases exclusively
- The presence of contributory fault, or plaintiffs’ being found partially at fault for the cause of an accident or ensuing damages, does not bar recovery of damages and only diminishes plaintiff awards proportional to his or her contributory fault percentage
To learn about these and other Florida laws and rules concerning wrongful death lawsuits involving car accidents, consulting with an attorney directly about your specific case is highly preferable, as it begins the legal process towards recovery.
References:
http://www.palmbeachpost.com/news/news/police-investigate-pedestrian-killed-near-west-pal/nnxDL/
http://www.wpbf.com/news/pedestrian-killed-in-west-palm-beach/35693558
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/0768.html
