Miami Accident Lawyer Blog
Jarrod M. Branscum, 22, was killed on Seven Mile Bridge after being struck head on in his vehicle. Branscum was driving north in a 2015 Mitsubishi Lancer around 1:45 a.m. Emily Andrefsky, 33, was driving south in her 2009 Hyundai Santa Fe when she crossed into on-coming traffic. The head-on crash caused Branscum to die at the scene. Andrefsky was flown to Ryder Trauma Center in Miami. The accident is under investigation by the Florida Highway Patrol and charges are pending against Andrefsky.
Unfortunately, head-on collisions such as this are all too common, and they often cause serious injuries and fatalities. If you lost a loved one in a front collision, contact a Miami car accident lawyer at Gerson & Schwartz P.A. at (877) 475-2905.
Head-On Crashes
A head-on crash occurs when two vehicles’ front ends directly collide. This type of crash is often dangerous, since it is rare that both vehicles are moving at slow speeds. Whether both vehicles are moving quickly or just one is, a head-on collision is likely to cause serious injuries, including face and head injuries, traumatic brain injuries (TBIs), organ damage, internal bleeding, and broken bones. Depending on the factors involved, including angle of the collision, speed, the vehicle’s safety features, and the driver and passenger’s positions, head-on crashes may be fatal.
But one of the most important questions is difficult to answer. How often do head-on crashes occur? These accidents consistently make the news in Miami and around Florida, yet it is difficult to tell how many crashes and fatal accidents are head-on collisions. Some websites state a rate as low as 2 percent, others put the rate a bit higher.
The truth is we do not know how often head-on crashes occur. However, we do know that head-on collisions are typically caused by driver negligence and personal injury or wrongful death claims may arise.
Wrongful Death Claims After Head-On Crash
Following a fatal head-on collision, the surviving family members of the victim may have the right to bring a wrongful death claim. To discuss Florida’s wrongful death law, surviving parents, spouses, or children should speak with car accident lawyers for Miami at Gerson & Schwartz, P.A.
Florida Statutes §768.16 – 768.26 are known as the Florida Wrongful Death Act. These laws state that when a person’s death is the result of a wrongful act, negligence, default, breach of contract, or a breach of warranty, and the accident would have entitled the victim to bring a personal injury claim had they lived, then a legal cause of action arises. For a wrongful death claim based on a head-on crash, the family should work with a lawyer to gather evidence of negligence. This evidence may demonstrate that the other driver got behind the wheel while intoxicated or overly tired. Evidence may point to the driver being distracted by a cell phone or something else in the car. An attorney will thoroughly investigate the crash to determine what happened and who is at fault.
The legal action must be brought by the personal representative of the decedent’s estate. This individual, which may or may not be a family member, recovers compensation for the benefit of the victim’s family. The personal representative seeks to recover a wide range of economic and non-economic damages for the family, including:
- Medical expenses
- Funeral and burial expenses
- A surviving spouse’s pain and suffering
- A surviving spouse’s loss of companionship
- Children’s loss of parental companionship, instruction, and guidance
- Children’s pain and suffering
- Lost support and services
The value of a wrongful death claim depends on a number of factors, including the accident-related expenses the family incurred, the financial support the victim provided their family, and the number of surviving children. The value of the claim may also vary depending on how egregious the accident was.
Talk With a Miami Car Accident Attorney Today
If your spouse, parent, or child was killed in a head-on collision in or around Miami, do not hesitate to contact us at Gerson & Schwartz P.A. We have years of experience helping families recover compensation after the loss of loved ones. We understand how difficult this time is for you, which is why we take on the burden of the legal and insurance claims processes for you. Contact us today at our Miami office at (305) 371-6000.