Five People Involved in Homosassa Car Accident
A total of five people were involved in high speed collision at the intersection of W. Oak Park Boulevard and Lecanto Highway. Laura Kurutz died as a result of injuries suffered in the accident after being transported to Bayonet Point Regional Medical Center. Kurutz was a passenger in a 2008 Nissan Frontier pickup truck. The Nissan Frontier was driven by Christine Guntert. Michael Abel was also a passenger in the Nissan pickup truck and is reported to have suffered serious injuries and not wearing a seat belt. The accident happened at approximately 8:25 a.m. when Ms. Guntert failed to stop at the stop sign going eastbound at Lecanto Highway. The Nissan Frontier went directly in the path of a 2013 Mazda CX-5 that was operated by Lee Becker. Mr. Becker's vehicle was carrying Kevin Hohn and Ronald Jensen as passengers. All three of those men suffered serious injuries and were taken to local hospitals for treatment. The Tampa Bay Times reports that alcohol was determined by law enforcement to not have been a factor in the collision.
I have pulled a photograph from Google Maps of the intersection in question. Lecanto highway is a rural highway with relatively high speed limits. This accident has the signature characteristics of distracted driving. If alcohol or drugs are not a factor, then inattention/distraction or sudden medical emergency are the most likely causes of the accident. As we drive, there are many things that can cause a driver to be inattentive to the roadway. Much like we know that cell phone use takes away a significant part of the attention span of a driver, so does conversation with passengers in the car. Ms. Kurutz's death is considered a wrongful death under Florida law. In addition, the three gentlemen in the Mazda and the passenger of the Nissan are entitled to compensation for bodily injuries suffered in the collision. The passenger of the Nissan is likely to see his financial recovery reduced to a degree because he was not wearing his seat belt. This issue can be examined further as to whether a seat belt would have made any difference in his injuries. While we always tell everyone to wear their seat belt, there are some cases where the crush damage is such that a seat belt would not make a significant difference in the injury. The fact that Mr. Abel's injuries are described as "serious" means that his injuries are potentially life threatening and could very well have been mitigated by wearing a seat belt.
Florida's seat belt law can be found in section 316.614, Florida Statutes. What we typically call a "seat belt" is actually called a "safety belt" by Florida law. I have included relevant sections of the statute below:
(4) It is unlawful for any person:
(a) To operate a motor vehicle in this state unless each passenger and the operator of the vehicle under the age of 18 years are restrained by a safety belt or by a child restraint device pursuant to s.316.613, if applicable; or
(b) To operate a motor vehicle in this state unless the person is restrained by a safety belt.
(5) It is unlawful for any person 18 years of age or older to be a passenger in the front seat of a motor vehicle unless such person is restrained by a safety belt when the vehicle is in motion.
Recent amendments to the statute give police the authority to make a traffic stop based on a failure to wear a seat belt. Regardless of enforcement, the law is that minors must always wear a seat belt and adults must always wear a seat belt when sitting in the front seat. However, not wearing a seat belt, even though not actually required by law so as to result in a civil traffic infraction, still results in "comparative fault" in a lawsuit if the seat belt was available for the person to use.
If you or a loved one has been involved in a Central Florida car accident, please contact a Central Florida car accident attorney for a free consultation. You should receive an experienced attorney's evaluation of the facts and circumstances to better gauge where you stand on the multitude of legal issues presented by even a simple car accident.
