Four People Drown Inside Car After Accident
A single vehicle accident involving four deaths occurred on July 15, 2016 when their vehicle suddenly veered off of Interstate 95 and plunged into a canal. Investigators believe that a Nissan was rented in Champaign, Illinois and was headed to meet with family members in Miami. Investigators also believe that the car was driving straight through with no stops. This is why the Florida Highway Patrol is investigating into whether driver fatigue was the cause of this tragic accident. The Orlando Sentinel does not report who was driving the vehicle, however, Vanyunna Wiggins, Katie Davis, Cashundra Wiggins and Caius Davis all died as a result of the accident. Caius was only four years old while everyone else was an adult. It was reported that a witness stated that everything seemed normal until the car suddenly went off the roadway and turned upside down in the canal.
This accident should be investigated to determine whether fatigue was in fact the cause of the crash. An autopsy should be performed on the driver of the vehicle to determine whether there is evidence of a sudden medical emergency. Another alternative theory of the cause of the collision is distracted driving. With that being said, I am a Central Florida car accident lawyer who represents plaintiffs, or people who bring claims. As that is the case, this blog entry favors those who may make a claim for damages as a result of the accident and it is my intention to help those people out. The driver of this vehicle, whoever it is determined to be, is legally responsible for this accident unless there was some sudden unforeseen medical emergency that is confirmed by autopsy. Regardless of whether it was fatigue, distraction, or something else, the automobile liability insurance company for the driver is on the hook to pay for three wrongful deaths. There was not any information provided by the Orlando Sentinel about who the survivors are, but the deceased are likely to have other family members who legally qualify as "survivors" under Florida's wrongful death statute. It should be noted that any lawsuit arising from this accident would likely be brought in Illinois as opposed to in Florida even though it is possible for the case to be brought in Florida. Venue in Illinois would be proper as all jurisdictions in the United States permit suit in the place where the defendant resides. Further, even though the lawsuit would be filed in an Illinois court, substantive Florida law will apply to the case as far as liability goes (Procedural law will be Illinois law).
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 and advice of how to handle the situation appropriately. In this particular instance, there may be insurance purchased from the rental car company and there may be other sources of insurance such as no-fault death benefits and underinsured motorist coverage.
