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Two Fatalities in Boggy Creek Accident

Two fatalities were reported by The Orlando Sentinel on July 4, 2016. This accident happened as a Toyota Prius on J. Lawson Boulevard went through a flashing red light onto Boggy Creek Road near Orlando International Airport. A pickup truck, driven by Matthew Helmbold, was driving on Boggy Creek Road and had a flashing yellow light according to the report and the Florida Highway Patrol. The accident occurred at approximately 1:20 a.m. Caleb White and Alize Castro, in the Toyota Prius, died as a result of the accident. The news reports that alcohol was not involved. The occupants of the Toyota Prius were 19 and 18 respectively.

Two Fatalities at J. Lawson Blvd. and Boggy Creek Rd.

This accident appears to be a simple mistake made by the driver of the Toyota Prius. It unfortunately took two lives out of this world. From the facts reported by the news media, it appears that the pickup truck could not have anticipated that the Prius was going to disregard the flashing red light. While a flashing yellow light means to proceed with caution, it does not mandate that a driver must stop or even slow down. Section 316.076(1)(b), Florida Statutes states that a driver may proceed through an intersection or past a flashing yellow signal only with caution. This means that a driver is legally obligated to pay greater attention while going through a flashing yellow light. "Caution," under such circumstances means that a driver must attempt to anticipate hazards in the roadway. Therefore, a flashing yellow light might be used to signal a driver on high speed road that traffic may infrequently use a side street, as was the case with this accident. While increased awareness can prevent a lot of accidents, there are some accidents that it cannot prevent such as when another driver disregards a traffic control signal. While at a flashing red signal, a driver is obligated under section 316.076(1)(a) to stop and must yield to traffic on the other road before proceeding through the intersection. As such, the drivers on the main thoroughfare have a reasonable expectation that drivers with stop signs or flashing red lights will obey the law. With that being said, the Orlando Sentinel does not report which occupant of the Prius was driving. Whoever was driving would have legal liability for injuries to Mr. Helmbold and for a wrongful death claim of a passenger (assuming the driver was also the owner of the vehicle)

Under Florida law, the parents of an 18 or 19 year-old have a claim for pain and suffering as a result of the wrongful death of their child. Section 768.18(2), Florida Statutes defines "minor children" as being under 25 years of age notwithstanding the age of majority. Further, section 768.21(4), Florida Statutes states that each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. These damages are in addition to any claims by the estate.

If you were injured in a Central Florida car accident, please contact a Central Florida car accident attorney for a free consultation.

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