DUI Driver Knocks Car Off Bridge
A three member family driving a 2012 GMC Sierra pickup truck died as a result of being struck by a DUI driver on the Howard Frankland bridge between Tampa and St. Petersburg. The accident was initially caused when Joshua Burbank, who was driving a 2014 Honda Civic, struck the family's pickup truck. The family's truck was in the inside lane of the bridge when Mr. Burbank lost control of his vehicle, which was travelling in the center lane near milepost 33. The front driver's side of the Honda Civic impacted the rear passenger's side of the pickup truck. Thereafter, the pickup truck began to spin and turned over several times before going over the side of the bridge and into the water. The accident happened at approximately 9:40 p.m. The family involved in this accident were from Leesburg, Florida. Mr. Burbank was charged with DUI manslaughter as a result of this accident.
The Ledger reports the ages of family members involved but does identify them by name or indicate whether they have survivors. In Florida, "survivors" are defined by section 768.18(1), Florida Statutes as "the decedent's spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters" as it relates to the "Florida Wrongful Death Act." Further, section 768.21, Florida Statutes, describes the damages that may be claimed. The damages applicable depends on whether the deceased fifty-some year old had a spouse,siblings, and/or children of his or her own, particular minor children. Minor child under Florida law means under 25 years of age. Without that information, a lawyer cannot determine what the damages under the Wrongful Death Act are.
This tragic accident appears to be the result of a DUI driver's improper lane change on the bridge. The Howard Frankland bridge is 3 lanes across in each direction with a speed limit of 70 mph. While the news reports do not indicate whether speed was a factor in the crash, it is not uncommon for a driver to be on cruise control in the inside/left ("fast") lane at the speed limit or slightly above. It is also not uncommon for drivers who want to go faster to be impatient and go around for a pass on the right. Further, it is also not uncommon for those impatient drivers who are passing on the right to make a cut back to the left quickly in a display of road rage aggression ("I own the road"). That has happened to me many times throughout my many years of driving. I try to avoid such situations by not hogging the "fast" lane but it still happens in the middle lanes. Those conditions make for a very dangerous condition on the roadway (in addition to the fact that a drunk driver doing this is even worse as they do not have the full benefit of judgment while intoxicated). In this particular case, the pickup truck was described as driving in the "inside" lane while the DUI driver came from the center lane. There was likely other traffic on the bridge that the DUI driver was weaving through when the front driver's side quarter panel of the car came into contact with the rear passenger's side quarter panel of the truck. From movies and police chases, we know that the vehicle whose rear quarter panel is struck ends up being forced into a spin and can roll over. Police sometimes use this maneuver as a last resort to end a high speed chase. It appears that this is what likely happened under the circumstances. While it is never acceptable to drive intoxicated, a significant number of accidents happen in this manner on our highways even without intoxication. Aggressive driving is a significant cause of serious injury and death on our highways.
If you or a loved one has been involved in an accident caused by a DUI or drunk driver, please contact a Lakeland DUI or drunk driving accident lawyer for a free consultation.
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