The Miami Personal Injury Accident Lawyers at the Perazzo Law Firm has learned, according to NBC 6 South Florida, that a Coral Springs police officer has been charged with misdemeanor reckless driving after an April 17 crash that claimed the life of a 60-year-old man on an electric scooter. The officer is presumed innocent. A criminal charge and a civil claim are separate tracks. A Florida wrongful death lawyer can explain a family’s civil options however the criminal case ends, and you can reach us at 888-PERAZZO.
What has been reported so far
According to NBC 6 South Florida, the man’s scooter collided with a marked Coral Springs Police SUV and he later died. The officer was charged nearly four months later. NBC 6 South Florida reports that Florida Highway Patrol investigators said the officer was traveling between 71 and 92 mph at times on a road with a 35 mph limit and found probable cause for felony vehicular homicide, but the Broward State Attorney’s Office pursued misdemeanor reckless driving.
Per an arrest affidavit described by NBC 6 South Florida, a witness told investigators the officer did not have emergency lights or sirens on, and the officer was heading toward the area of a vehicle police were looking for.
A prosecutors’ memo sent to NBC 6 South Florida says the evidence showed the officer drove recklessly but that he “was not determined to be the sole cause of the crash” because the rider “should not have made the turn onto the roadway when he did.” That is the prosecutors’ position, not a court finding.
The officer’s defense attorney told NBC 6 South Florida that the officer is innocent, cited an initial crash report estimating 55 mph, and said the defense believes he will be exonerated. NBC 6 South Florida also reports the department says he is on restrictive assignment. A charge is an accusation, and the officer is presumed innocent.
A criminal charge is not a civil claim
As a general matter, criminal and civil cases apply different standards of proof, and the parties differ: the State prosecutes, while a family brings the civil case. A prosecutor’s choice of a lesser charge does not by itself decide a civil claim. Florida’s Wrongful Death Act covers a death caused by another’s “wrongful act, negligence, default, or breach of contract or warranty,” and liability continues “although death was caused under circumstances constituting a felony,” per Fla. Stat. 768.19.
Shared fault in a civil claim
Under Fla. Stat. 768.81(6), “any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.” No court has decided fault in this crash. Fault is a recurring question in two-wheeled crash claims generally, and how any emergency-vehicle rules apply depends on the facts.
If a claim is brought against a city
A claim against a city is governed by Fla. Stat. 768.28. Subsection (5)(a) says no claim or judgment by one person may exceed $200,000, and claims from one incident may not exceed $300,000 in total. Subsection (6)(a) requires a written claim to the agency before suit, generally within 3 years, plus a wrongful death paragraph requiring presentation to the Department of Financial Services within 2 years. Confirm which notice steps apply with a lawyer early.
Frequently Asked Questions About Wrongful Death Claims in Miami
Who files a wrongful death claim in Florida?
Under Florida law, a wrongful death claim is generally filed by the personal representative of the deceased person’s estate on behalf of the eligible survivors and the estate.
- Survivors may include a spouse, children, parents, and certain other dependent relatives, depending on the circumstances. Under Florida Statute § 768.20, the personal representative pursues the wrongful death action and identifies the survivors who may be entitled to recover damages.
- Families with questions about their legal rights after a fatal crash can speak with an Accident Lawyer in Miami to determine who may qualify as a survivor and whether a wrongful death claim may be available.
What is the deadline to file a wrongful death claim in Florida?
- The general statute of limitations for a Florida wrongful death action is two years. However, different requirements may apply when a city, county, state agency, or another government entity is involved.
- Claims involving government vehicles may require additional notices or administrative steps before a lawsuit can proceed. Because missing an applicable deadline can affect a family’s ability to recover compensation, contacting an Accident Lawyer in Miami as soon as possible can help determine which deadlines apply to the case.
What happens if a government vehicle causes a fatal accident in Miami?
Fatal accidents involving police vehicles, city trucks, county vehicles, public buses, emergency vehicles, or other government-owned vehicles can involve rules that differ from ordinary Miami car accident claims. Florida’s sovereign immunity laws establish special procedures for certain claims against government entities. Determining which agency owned the vehicle, who employed the driver, and whether the driver was acting within the scope of employment may be important when identifying the proper defendants.
An experienced Miami accident lawyer can investigate the crash and determine whether a city, county, state agency, government employee, private contractor, or another party may bear responsibility.
What compensation may be available after a fatal accident?
- Compensation in a Florida wrongful death case depends on the circumstances and the relationship between the deceased person and the surviving family members.
- Recoverable damages may include lost support and services, funeral expenses, certain medical expenses, loss of companionship and protection, and mental pain and suffering when permitted under Florida law. The estate may also be entitled to recover certain damages.
An Accident Lawyer in Miami can review the circumstances of the death and explain which damages may be available to the survivors and estate.
Can a family sue a city after a fatal car accident?
Potentially. A city or other government entity may be held responsible under certain circumstances when the negligence of a government employee causes a fatal accident.
However, lawsuits against government entities are subject to Florida’s sovereign immunity laws and special procedural requirements. These cases may involve notice requirements, limitations on damages, and questions concerning whether the employee was acting within the scope of employment.
Because a Miami government vehicle accident can involve different rules from a typical personal injury claim, families should consider having the circumstances investigated promptly.
What evidence should be preserved after a fatal government vehicle accident?
Evidence can play a major role in determining what caused a fatal accident and who may be legally responsible. Important evidence may include:
- Police and crash reports
- Body-camera and dash-camera footage
- Traffic and surveillance video
- Photographs and witness statements
- Vehicle event data
- GPS and dispatch records
- Maintenance and inspection records
- Employee training records
- Internal government reports
Some of this evidence may be held by the government agency involved in the accident. A Miami accident attorney can take steps to identify potentially relevant evidence and determine how it may be requested or preserved.
Can more than one party be responsible for a fatal Miami accident?
Yes. A government agency may not be the only potentially responsible party.
Depending on how the accident occurred, liability could involve another motorist, vehicle owner, contractor, maintenance company, manufacturer, employer, or another individual or business.
Investigating all potentially responsible parties can be especially important in a wrongful death case because different defendants may have different insurance policies, defenses, and limitations on liability.
When should I contact an Accident Lawyer in Miami after a wrongful death?
Families should consider seeking legal guidance as soon as reasonably possible after a fatal accident, particularly when a government vehicle or public agency may be involved.
An attorney can investigate the accident, identify potential defendants, review applicable deadlines and government notice requirements, preserve evidence, evaluate available insurance coverage, and determine what compensation may be available under Florida law.
If your family lost a loved one because of a car accident, truck accident, pedestrian accident, or crash involving a government vehicle in Miami, The Perazzo Law Firm can review the circumstances and explain your legal options.
Our firm represents accident victims and families throughout Miami-Dade County and South Florida, including members of Miami’s Hispanic community. Spanish-speaking clients are welcome.
Call 888-PERAZZO or request a free case review to speak with an Accident Lawyer in Miami.
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Miami Car Accident Attorney Advertising. The Perazzo Law Firm maintains bona fide offices in North Miami Beach, Florida, and Atlanta, Georgia. Jonathan Perazzo, Esq., is the attorney responsible for this content. This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.