Fatal Accident in Florida Raises Questions About Wrongful Death Pedestrian Accidents

16Jul

Early Sunday morning in Lealman, Florida, a tragic incident involving a Pinellas County deputy resulted in the death of 73-year-old Mark Hunter. Deputy Lira-Rangel was driving his marked Chevrolet Tahoe south on 49th Street North when a woman in a red pickup truck, headed north, pointed toward the southbound lanes, seemingly trying to alert him. This diverted Deputy Lira-Rangel’s attention from the road.

Moments later, he felt a bump and stopped to investigate, finding Hunter lying in the median lane. Witnesses reported seeing Hunter sitting in the road, appearing alert but confused, and not in a designated crosswalk. Despite immediate attention, Hunter was pronounced dead at the scene.

Authorities have stated that speed was not a factor in the accident, and it remains unclear if Hunter was impaired. Deputy Lira-Rangel, who has been with the sheriff’s office since 2020, is now under investigation for the incident. The sheriff’s office continues to look into the circumstances of this tragic event.

To file a wrongful death lawsuit in Florida, contact Magazine & Light Law at 727-499-9900.

Who Is at-Fault When a Car Hits a Pedestrian? 

In Florida, determining fault when a car hits a pedestrian involves analyzing the circumstances of the incident. Generally, drivers must exercise due care to avoid collisions, but pedestrians also have responsibilities.

Jaywalking Pedestrian 

If a pedestrian is jaywalking (crossing outside a designated crosswalk or against traffic signals), he or she may be found at fault or share responsibility for a resulting accident. Florida law requires pedestrians to yield the right of way to vehicles when crossing roads outside marked crosswalks.

Impaired Pedestrian 

If a pedestrian is impaired by alcohol or drugs and behaves unpredictably, causing an accident, he or she might be held responsible. However, drivers are still expected to exercise caution, particularly in areas with high pedestrian activity.

Impaired Driver

If the driver is impaired by alcohol or drugs, they are more likely to be found at fault, regardless of the pedestrian’s actions. Florida imposes strict penalties for impaired driving, and this impairment would influence the determination of fault.

Distracted or Speeding Driver

Drivers who are distracted or exceeding the speed limit can be held liable if they hit a pedestrian, even if the pedestrian was not entirely compliant with traffic laws. The driver’s failure to maintain proper attention and control of the vehicle can outweigh the pedestrian’s negligence.

Ultimately, Florida follows a comparative fault system, where fault can be shared. Compensation is adjusted based on each party’s degree of fault. Courts examine evidence, such as traffic camera footage, witness statements, and police reports, to determine fault and liability.

Can You Sue For a Fatal Pedestrian Accident?

You can sue for a fatal pedestrian accident in Florida. Florida’s wrongful death statute governs these claims, ensuring the deceased’s family receives appropriate justice and financial support following a tragic accident.

Who Can Sue for a Fatal Pedestrian Accident?

In Florida, the right to sue for a fatal pedestrian accident typically falls to the deceased’s immediate family members. Under Florida’s wrongful death statute, the personal representative of the deceased person’s estate can file a wrongful death lawsuit on behalf of the surviving family members. This includes:

  • Spouse: The surviving spouse can seek damages for loss of companionship, protection, and mental pain and suffering.
  • Children: Minor children (under 25) can claim for loss of parental companionship, instruction, and guidance, as well as mental pain and suffering. Adult children can also sue if there is no surviving spouse.
  • Parents: Parents of a deceased minor child can claim damages for mental pain and suffering. Parents of an adult child can also sue if there are no other survivors.

Other dependents or blood relatives who were financially dependent on the deceased may also be eligible to recover damages.

What Damages Are Available in a Wrongful Death Claim? 

In Florida, a wrongful death claim can provide various types of damages to the surviving family members of the deceased. These damages are categorized into economic and non-economic losses:

Economic Damages

Economic damages refer to the quantifiable monetary losses incurred due to an injury or death, including medical expenses, lost wages, and funeral costs.

  • Medical Expenses: Costs incurred for medical treatment prior to death.
  • Funeral and Burial Costs: Expenses related to the deceased’s funeral and burial.
  • Lost Wages and Benefits: Compensation for the income the deceased would have earned, including future earnings and benefits.

Non-Economic Damages

Non-economic damages refer to compensation for intangible losses, such as pain and suffering, emotional distress, loss of companionship, and diminished quality of life.

  • Pain and Suffering: Compensation for the emotional distress and mental anguish experienced by the surviving family members.
  • Loss of Companionship and Protection: Damages for the loss of the deceased’s companionship, guidance, and protection.
  • Loss of Parental Companionship: For minor children, compensation for the loss of parental guidance and support.

Florida’s wrongful death statute ensures that these damages address both the financial and emotional impact on the family, helping them recover from their loss.

When a sudden loss occurs, surviving family members are left to shoulder the powerful burden of grief. When this loss is caused by a negligent party, grief becomes compounded by anger and a stressful legal battle. A wrongful death lawyer in Florida can take the brunt of the legal battle on, so surviving family members can focus on emotional healing. Call 727-499-9900 for a FREE consultation with Magazine & Light Law.

James (Jim) Magazine is a Florida Board Certified Civil Trial lawyer who has spent his career helping injured victims. Jim is licensed to practice law in the State of Florida since 1990 and is also admitted to practice at the Appellate level and admitted to the United States Supreme Court.

Years of Experience: More than 30 years
Florida Registration Status: Active
Bar Admissions:
Clearwater Bar Association
West Pasco Bar Association

James (Jim) Magazine is a Florida Board Certified Civil Trial lawyer who has spent his career helping injured victims. Jim is licensed to practice law in the State of Florida since 1990 and is also admitted to practice at the Appellate level and admitted to the United States Supreme Court.

Years of Experience: More than 30 years
Florida Registration Status: Active
Bar Admissions:
Clearwater Bar Association
West Pasco Bar Association