Overnight Accident in St. Petersburg Kills Two People By Moody Law | Personal Injury Attorneys on June 03, 2011

This night time car accident resulted in the deaths of two people.  This accident happened near the intersection of 62nd Avenue North and 22nd Street North in St. Petersburg, Florida.  The accident is reported to have happened at approximately 1:30 a.m. when authorities say that a Chevy Cobalt struck a Saturn sedan as the sedan was making a left turn.  Two people in the Saturn died at the scene.  This accident is still under investigation.

From the news reports, it sounds like the Saturn turned in front of the Chevy.  While I have no way of knowing what actually happened, accidents usually do not happen unless someone is negligent.  This negligence can be apportioned in Florida all on one driver or spread between multiple drivers.  This is a potential case where the Chevy may have been speeding.  Assuming that Chevy was speeding, this would be the basis of some degree of comparative liability for the deaths of the two individuals because the driver of the Saturn has a reasonable expectation that other vehicles will obey the law.  For instance, we all have a reasonable expectation that people will stop at stop signs and stop at traffic signals.  However, the other side to this coin is that, even if the Chevy may have been speeding, if we assume that the Chevy had its headlights on, then perhaps the driver of the Saturn should not have turned until after the Chevy had passed because the Saturn driver may not have been able to do it safely.  Thus, there may be some degree of comparative fault on the part of the Saturn driver.  Finally, this case has another aspect to it that drivers are responsible to passengers and the families of the deceased are required to open a probate.  Typically, a wrongful death claim cannot be settled without formal authority by being designated the personal representative.  In Florida, only the personal representative has the legal authority to settle a wrongful death claim and does so on behalf of all of the survivors unless there is an objection by a survivor.  If you or a loved one has been injured in a car accident, please contact a Central Florida car accident lawyer for free advice on what to do.  Most car accident lawyers operate under a contingency fee agreement, which means no attorney fee unless there is no recovery.  Further, a probate is needed in this case so that the families can cash the check written out to the estate.

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Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

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