Mercedes Plunges Into Water
A Mercedes SUV plunged into the water after missing a turn. The accident happened at approximately 3:00 a.m. on Thursday. The car was driven by 69-year-old Robert A Schermerhorn of Sarasota. Schermerhorn survived the accident while his passenger did not. The passenger was 66-year-old Mary Ellen Dyer, from Gulport, Florida. Schermerhorn thought that his passenger was not able to make it out of the vehicle but her body was found floating in the water. The Sheriff's Office suggested that they believe impairment played a role in the crash and the investigation is ongoing.
Photo by Scott Keeler, Tampa Bay Times
For a car accident blogger, we can start with what we know. Missing a turn and driving your car into the water by accident is considered negligence. Therefore, Mr. Schermerhorn is going to be legally responsible for the injury and death of Ms. Dyer. Due to the ages and the circumstances, it is likely that Schermerhorn and Dyer were in a relationship but not married. It is also likely that each has children from a prior marriage. Assuming those to be the facts, any children that Dyer had would likely be survivors under Florida's wrongful death act codified in sections 768.16 - 768.26, Florida Statutes. The damages that may be awarded appear to be as follows:
-Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value.
-Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury..
-Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them.
It should be noted that all awards for the decedent’s estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims.
Second, in addition to the wrongful death issues identified above, if it is proven that Mr. Schermerhorn was intoxicated at the time of the accident, he will likely be charged with DUI manslaughter and he will be subject to punitive damages as section 768.736, Florida Statutes will apply.
If you or a loved one has been involved in a Central Florida car accident or an accident involving a DUI or drunk driver, please contact a Central Florida car accident lawyer for a free consultation.
