The motorcycle accident lawyer in Miami, Jonathan Perazzo, know that when a passenger dies in a Florida motorcycle crash, a wrongful death claim may exist when someone’s wrongful act or negligence caused the death and the injured person could have sued had the death not occurred, under Fla. Stat. § 768.19, and the estate’s personal representative brings it for the family under § 768.20. Which claims exist depends on the facts. The Perazzo Law Firm handles motorcycle accident questions at 888-PERAZZO.
What troopers reported about the I-95 crash
The Perazzo Law Firm has learned, according to WFTV, that a 19-year-old woman riding as a passenger on a motorcycle died on I-95 near mile marker 272 in Volusia County at about 9:06 p.m. Tuesday, Oct. 27.
Troopers said, per WFTV, that the 2026 Kawasaki Z900 was southbound in the center lane ahead of a 2023 tractor-trailer when the passenger was thrown from the motorcycle.
According to WFTV, she landed in the center lane and was struck by the left front of the semi. She was pronounced dead at the scene. WFTV reports that the truck driver and the rider were not injured.
These are the troopers’ statements as reported by WFTV. They are not a finding of legal fault, and the facts can change.
Who can bring a wrongful death claim in Florida
Under Fla. Stat. § 768.20, the action is brought by the decedent’s personal representative, not by individual relatives. The representative sues for the estate and for the survivors.
“Survivors” are defined in Fla. Stat. § 768.18 as the decedent’s spouse, children, and parents, plus certain blood relatives and adoptive siblings who depended on the decedent for support or services. Our wrongful death practice page explains the process in more detail.
What a young adult’s parents may recover
Section 768.18 defines “minor children” as children under 25, regardless of the age of majority. That definition matters because Fla. Stat. § 768.21 lets each parent of a deceased minor child seek damages for mental pain and suffering from the date of injury. For a deceased adult child, the same section allows parents to recover for mental pain and suffering only if there are no other survivors.
Whether a particular family qualifies depends on the survivors involved and the facts proven.
What the uninsured motorist statute says
Insurance questions turn on the actual policies. Florida’s uninsured motorist statute is one place the law addresses coverage:
- Miami motorcycle accident lawyers know that Fla. Stat. § 627.727 requires uninsured motorist coverage on Florida bodily injury liability policies unless the named insured rejects it in writing.
- The same statute, in subsection (3)(b), treats a vehicle as uninsured when its liability limits are lower than the injured person’s total damages.
The two-year deadline
An action for wrongful death falls under the two-year category in Fla. Stat. § 95.11(5)(e). Exact timing depends on the facts of each case.
Frequently asked questions
Does a passenger’s death always lead to a wrongful death claim?
No. Under § 768.19, a claim depends on the death being caused by a wrongful act, negligence, or default, which is decided on the facts.
How long does a family have to file?
Wrongful death actions are listed under the two-year category of § 95.11(5)(e).
Who files the lawsuit?
The decedent’s personal representative, per § 768.20.
Talk with the Perazzo Law Firm
If your family is dealing with a loss like this, call 888-PERAZZO or contact us online with questions. This article is general information, not legal advice, and no outcome is promised.
Miami Accident Attorney advertising. The Perazzo Law Firm, North Miami Beach, Florida. Prior results do not guarantee a similar outcome.