Traffic Homicide and Wrongful Death Lawsuits in Florida

The unexpected death of a loved one is always tragic. Sometime, however, the death of a loved one in a traffic accident occurs because of the criminal acts or reckless conduct of another person. The victim's family must deal with the death of a loved one while waiting for updates in the traffic homicide investigation.

Obtaining any kind of closure is impossible while the family waits for a resolution of the criminal cases. The attorneys at Levine and Glassman, P.A., understand the complexities of these types of cases. Contact us today for a free consultation to discuss the wrongful death or personal injury claim that often accompany a traffic homicide investigation. We represent the victims of traffic homicide and wrongful death cases throughout Florida, including the Weston, Ft. Lauderdale and Miami areas of South Florida.

Obtaining Qualified Representation Early in the Process

The attorneys at Levine and Glassman, P.A., are available to discuss the case with you today. Obtaining qualified representation as early in the process as possible is important for a number of reasons. The person who caused the crash and may be guilty of criminal conduct will certainly obtain a criminal defense attorney quickly. Likewise, the insurance companies that will defend the civil lawsuit will begin working on the case. The family of any person killed or injured in the accident also deserves the best representation possible to handle the civil side of the case. 

We work quickly to represent the victims and their families. We help gather information that might otherwise be lost or overlooked by law enforcement. Having another set of eyes look over the forensic evidence can often assist not only in the civil lawsuit for money damages, but also in making sure justice is served in the criminal case.

Often eyewitnesses to the crash leave the scene before providing their contact information to law enforcement officers. These eyewitnesses may not even realize that the crash resulted in a death or serious bodily injury. The eyewitness may be criticial to explaining one particular aspect of the case including establishing who was driving the vehicle at fault, who caused the accident, whether reckless or eratic driving occured prior to the crash, and even a description of the vehicle that caused the crash if that vehicle left the scene.

Media coverage about the crash is often important to finding those missing eyewitnesses. Also, posting a sign at the crash scene in the days following the crash is important because the eyewitnesses may take the same path by the crash scene later in the week. In many of these cases, eyewitnesses to the crash come forward in the days and weeks following the accident.

Types of Traffic Homicide Crimes under Florida Law

• DUI Manslaughter;
• Vehicular Homicide;
• Vehicular Homicide Leaving the Scene;
• DUI Manslaughter Leaving the Scene;
• Leaving the Scene with Death;
• Driving While License Suspended or Revoked Involving Death;
• No Valid Driver's License Involving Death;
• Manslaughter by Culpable Negligence;
• Second Degree Murder; or
• First Degree Murder.

Possible Lesser Included Crimes under Florida Law

• Reckless Driving;
• Culpable Negligence Exposure;
• Culpable Negligence with Personal Injury;
• Reckless Driving with Serious Bodily Injury;
• DUI with Serious Bodily Injury;
• Reckless Driving;
• No Valid Driver's License; or
• Driving While License Suspended or Revoked.
  

Careless Driving is Not a Lesser Included Offense and is Merely a Civil Infraction

When law enforcement officers make the decision that a vehicle crash occured because of "careless driving," no criminal charges will be filed. Under Florida law statute section 316.1925, careless driving is defined as:

Any person operating a vehicle upon the streets or highways within the state shall drive the same in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person. Failure to drive in such manner shall constitute careless driving and a violation of this section.

in many of these traffic homicide investigation cases, the family members will be ultimately be told by the prosecutors with the State Attorney's Office in Florida that the facts of the case do not warrant any criminal prosecution because the actions of the at fault driver constitute only "careless" driving. The traffic homicide investigation often last for months before any charges are filed. Understanding how these decisions are made often helps the family deal with the stress during this difficult time in the case.

Conclusion

If you were injuried or if a loved one was killed in a car crash subject to a traffic homicide investigation anywhere in Florida, contact the attorneys at Levine & Glassman, P.A., to discuss the case today. We stand ready to help the victims of traffic homicide cases navigate the complexities that accompany these tragic cases.

Contact our personal injury and wrongful death attorneys today about any traffic homicide investigation that occurred in the State of Florida, including crashes in Weston, Miami and Ft. Lauderdale area of South Florida.