Child Dies in Leesburg Car Accident
A Ford Explorer carrying a total of 8 people was involved in an accident in front of the Gator Harley-Davidson dealership in Leesburg. The accident occurred at approximately 11:00 a.m. when the driver of a Ford Taurus crossed U.S. Highway 441 from Fern Drive. The occupants of both vehicles were taken to local hospitals. The news reports that a boy died in the accident. A witness reported a total of six children and two adults in the Ford Explorer.
The driver of the Ford Taurus is likely to be held legally liable for this accident to a large degree for negligently crossing the road. When pulling out from a stop through an intersection, the driver pulling out from a stop must yield under Florida law to traffic coming down the highway from both directions. This appears to be a bad decision made by the driver of the Ford Taurus. However, more interestingly about this accident is that the seating capacity of a Ford Explorer is only seven as opposed to eight. This means that there was not a seatbelt available for one of the children in the back of the SUV. Florida law requires the driver, front seat passengers, and all children to wear seatbelts in the car. The news media does not tell us whether the deceased child was related to the driver of the Ford Explorer. If the deceased minor was a child of the driver, then a family exclusion would normally prevent a claim from being made. On the other hand, the statement made by Mrs. Johnson, may be an indication that the deceased minor is not related. In such a case, there would be a collectible wrongful death claim under Florida law.
If you would like more information about legal issues presented by wrongful death cases in Central Florida, please contact a wrongful death attorney in the Central Florida area for a free consultation.
