Mom and Son Hit by a Car in Land O’Lakes

The Tampa Tribune reported today that a mother and son were hit by a car in Land O’Lakes when a driver failed to see them crossing the street. The mother was pronounced dead at the scene and the condition of her son, who was flown to St. Joseph’s Children’s Hospital immediately after the accident, is still unknown.

Pasco Fire Rescue got the call about the pedestrian accident this morning at 8:15 a.m. and responded to the Wilderness Lakes Subdivision where the mother and son were reportedly hit by a car. According to Highway Patrol Sergeant Larry Kraus, it appears that the mom and son were attempting to cross Night Heron Drive when they were hit. Although it has not yet been confirmed where the mother and son were going, it was reported that there is a school bus stop close by.

Should the family in this case decide to pursue a claim against the driver, they should have a claim for both the mother and the son that were hit by a car. For the mother’s claim, since she passed away due to her injuries caused by being hit by a car, Florida’s Wrongful Death Act would be applicable. Just like any negligence case, the attorney for the mother’s family would need to prove that the driver was negligent in his or her actions, and that the mother died as a result of that negligence. While in this case it appears to be clear that the mother died as a result of the accident, the focus of the case would likely be on the driver’s negligence and quantifying the amount of recovery for the family. Should the mother and son’s family successfully prove negligence on the part of the driver, Florida’s Wrongful Death Act would govern what types of damages are available for the mother’s death, and an attorney experienced in wrongful death actions can help to ensure that their client seeks all damages available to them under Florida’s Wrongful Death Act.

It is important to note that Florida is a comparative negligence state, which means that the defendant can claim that the injured party was also negligent or even the sole negligent party.  If a defendant is successful in showing that the injured party was also negligent, the defendant’s liability will be reduced by the percentage of negligence attributed to the injured party.

If you believe that someone’s negligence has caused the death of loved one, contact the personal injury attorneys at Perenich, Caulfield, Avril & Noyes, P.A. for a free consultation to discuss your rights. Serving families in the Tampa Bay area for over 55 years, we see you through.

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