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Three Car Accident on Interstate

Three vehicles were involved in an accident on Interstate-275 near 54th Avenue, N. The accident occurred at about midnight on Saturday night. One fatality was reported.

Photo by Sara Belsole, BayNews 9

Saturday night saw several serious car accidents in the Tampa Bay area. This particular accident appears to have some significant front end damage. What we do not yet know about this accident is whether alcohol was a factor on one or more of the drivers involved or whether aggressive driving played a role. Assuming that the fatality involved in this accident was not the driver who caused this accident, the survivors of that person will have a wrongful death claim under Florida law. The damages that are collectible depend on the relationship between the survivor and the decedent. For instance, spouses and minor children have different damages than adult children and parents or siblings. Each category of damage is outlined in section 768.21, Florida Statutes.

A subsequent news report stated that one of the drivers of this accident committed suicide behind the wheel of the car with a gun. Thereafter, the car swerved into two other cars. The deceased driver who committed suicide was 57-year-old Leonard de la Garza, Jr. While virtually all automobile insurance policies have an exclusion for intentional acts, the intentional act of killing oneself is different than intentionally causing an accident. The deceased could not have known that he was going to hit two other vehicles after firing the gun as he could have easily gone off the roadway without hitting anything. My analysis is that the insurance company for the deceased will cover this incident.

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