Serial DUI Driver Causes Fatal Pile Up Crash in St. Petersburg, FL

ST. PETERSBURG, Florida (July 17, 2024) – Joshua Kohlbecker, 43, was arrested and charged with DUI manslaughter, vehicular homicide, and driving with a suspended license following a fatal crash in St. Petersburg. Kohlbecker, impaired by drugs, crashed his Ford F-150 into a Mustang at a red light on Bay Pines Boulevard. The collision, which occurred around 9:21 p.m., caused both vehicles to burst into flames and triggered a chain reaction involving seven other cars. While Ernie Agbanlog, the Mustang’s driver, was rescued, his mother, Rosario Malicon, 53, could not be saved and perished in the fire.

Malicon, who had recently bought a new home, leaves behind four children and four grandchildren. Kohlbecker, who has a history of DUI arrests and driving with a suspended license, was freed from his truck by an off-duty sergeant, while Agbanlog was also hospitalized with serious injuries. Kohlbecker’s prior DUI convictions include a 2022 guilty plea and multiple citations for driving with a suspended license. His prior record includes a DUI arrest in October involving cocaine possession and a previous DUI conviction leading to a six-month license suspension.

Authorities noted signs of drug impairment in Kohlbecker, and a blood test result is pending. He is being held at Pinellas County Jail on a $550,000 bond. 

The car accident attorneys at Magazine & Light Law Group hold negligent drivers accountable for the pain and anguish they cause. When a reckless driver causes a fatal accident, our attorneys fight for justice on behalf of surviving loved ones.

Can You Sue a Drunk Driver for Vehicular Manslaughter?

You can sue a drunk driver for vehicular manslaughter in Florida. Florida law allows victims or their families to pursue both criminal and civil actions against a drunk driver.

Criminal Cases Against Drunk Drivers 

In a criminal case, the state can prosecute the drunk driver for charges such as DUI manslaughter, which could lead to penalties including imprisonment, fines, and probation. This criminal action is initiated by the state and aims to punish the offender and deter future offenses.

Civil Lawsuits in DUI Accident Cases

Separately, you can pursue a civil lawsuit against the drunk driver for damages. In a civil case, the focus is on compensating the victim or his or her family for losses such as medical expenses, funeral costs, lost income, and pain and suffering. The plaintiff (the injured party or his or her family) must prove that the drunk driver’s negligence directly caused the damages. This involves showing that the driver was intoxicated, that this impairment led to the accident, and that the accident resulted in harm.

Florida follows a comparative negligence rule, meaning even if the plaintiff is partially at fault, her or she can still recover damages, though the amount may be reduced proportionally. Additionally, if the drunk driver has limited insurance coverage or personal assets, collecting the awarded damages might be challenging.

It’s important to gather substantial evidence, including police reports, medical records, and witness statements, to build a strong case. Consulting with a personal injury attorney experienced in handling DUI-related cases can help you navigate the legal process and increase the likelihood of securing compensation.

Who Can File a Lawsuit After a Fatal Car Crash in Florida?

In Florida, several parties can file a lawsuit following a fatal car crash. The ability to file a lawsuit primarily depends on the relationship to the deceased.

1. Surviving Spouse: The surviving spouse of the deceased has the right to file a wrongful death lawsuit. He or she can claim damages for loss of companionship, support, and affection.
2. Children: Biological or adopted children of the deceased can also file a wrongful death claim. They can seek compensation for loss of parental support and guidance.
3. Parents: If the deceased was a minor, the parents can file a lawsuit. In cases where the deceased was an adult, parents may still file if they can demonstrate financial dependence on the deceased.
4. Personal Representative: If no immediate family members are able or willing to file, a personal representative of the deceased’s estate can pursue a wrongful death claim on behalf of the estate. This person is usually appointed through the probate court.
5. Other Dependents: In some cases, individuals who were financially dependent on the deceased, such as siblings or other relatives, might also be eligible to file, though this is less common.

To pursue a wrongful death lawsuit, plaintiffs must prove that the death was caused by another party’s negligence or wrongful conduct. 

A wrongful death attorney in Florida can help survivors navigate the legal system. For compassionate legal representation in Clearwater, FL, call Magazine & Light Law Group at 727-499-9900.

Jim Magazine

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