The Miami Car Accident Lawyers at the Perazzo Law Firm have learned, according to Tampa Bay 28, that nearly a year after a crash in Ybor City killed four people and injured 13 others, the case against the driver is still pending. In Florida, a criminal prosecution and a civil claim are separate tracks, and a family’s losses can be pursued through a wrongful death claim or a car accident claim. If your family was affected by a crash involving a fleeing driver, call 888-PERAZZO or visit ONLINE for a FREE consultation 24/7.
What Tampa Bay 28 reports
According to Tampa Bay 28, the crash happened Nov. 8, 2025, outside Bradley’s on 7th. Authorities say the driver was fleeing Florida Highway Patrol troopers when the vehicle struck another car and then pedestrians outside the bar. The driver faces dozens of charges, including four counts of DUI manslaughter, and the criminal case is pending.
A second Tampa Bay 28 report says the driver remains in jail on 60 charges, has pleaded not guilty, and returns to court Dec. 14, when a judge’s goal is to set a trial date. That report also says victims have filed lawsuits against the driver, and some also name Tampa Police and the Florida Highway Patrol. One suit in Hillsborough County court alleges a pursuit through a densely populated commercial and pedestrian area when the risks outweighed any law enforcement benefit. Those are allegations, not findings.
The proposal to raise the mandatory minimum
Under Fla. Stat. § 316.1935, fleeing or eluding a law enforcement officer is a crime, and Tampa Bay 28 reports that aggravated fleeing causing serious bodily injury or death carries a three-year mandatory minimum. A USF student wants lawmakers to raise it to seven years, the same report says. It adds that no lawmaker has yet formally sponsored the idea, and the student hopes to see it considered in the 2027 session that begins in March. A sentencing change would concern the criminal case, not a victim’s civil claim.
How civil claims work when a driver fled police
- Separate from the criminal case. The criminal case is brought by the state. A civil claim is a separate action for the victim’s losses, and in a death, § 768.20 provides that the wrongful death action is brought by the decedent’s personal representative.
- Wrongful death. Florida’s wrongful death act, including Fla. Stat. § 768.20, provides for the action, and the filing period is two years under Fla. Stat. § 95.11(5)(e). Exceptions can apply, so confirm the deadline for your own situation.
- Claims naming a government agency. Fla. Stat. § 768.28 waives sovereign immunity in limited ways. Subsection (5) limits what the state or its agencies or subdivisions must pay to $200,000 per person and $300,000 per incident, and subsection (6) requires written notice of the claim before suit.
- Insurance. Fla. Stat. § 627.727 governs uninsured motorist coverage. Whether and how it applies depends on the policy terms.
Frequently asked questions
Is the criminal case the same as a civil claim?
No. A prosecution under statutes like § 316.1935 is a separate proceeding from a civil claim for a victim’s losses. An attorney can explain how the two relate in your situation.
Can a claim name a police agency?
Some victims have done so, according to Tampa Bay 28. Claims against agencies are governed by § 768.28, including its notice requirement and caps.
How long do families have to file a wrongful death claim?
Two years under § 95.11(5)(e), subject to exceptions.
If a fleeing driver injured you or took someone you love, call 888-PERAZZO or contact us online to talk through your options.
This is Personal Injury Accident attorney in Miami advertising. Past results do not guarantee a similar outcome. This article is general information, not legal advice, and reading it does not create an attorney-client relationship. The Perazzo Law Firm has an office in North Miami Beach, Florida.