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Palm Coast residents, Rita Dejean, 69 and Marlene Lindor, 71, suffered fatal injuries after their Honda Civic collided with a Ford Econoline . The Honda Civic was driven by Rita Dejean, Marlene Lindor and Myrtha Darboux were passengers in the car. Darboux and the driver of the Econoline, Heath Sanford, suffered injuries and were taken to a Florida Hospital.
According to the Florida Times Union, the Flagler County accident occurred after Dejean (Honda Civic driver) came to a stop and then pulled left onto the intersecting road into the path of the Econoline. Though, the occupants / passengers of the van were all wearing their seatbelts, the impact caused severe and fatal injuries.
In a situation such as this, an investigation will determine if Dejean was at-fault for either careless driving or failing to yield to the right-of-way. If the investigation determines that Sanford (the driver of the Econoline) was speeding, then there may be a decision that the two drivers were comparatively at-fault.
Comparative fault is when fault is not attributed to only the actions of one driver. A rear-end collision is almost always the fault of the one that rearended the other, but in cases like this, a percentage of fault may be assessed to both drivers. One thing is certain, the passengers were not at –fault for the injuries suffered. The estate of Lindor may have a claim for Wrongful Death against both drivers and/or the applicable automobile insurance. In addition, Darboux may have a claim for her injuries against the insurance of both drivers. Sanford, if less at-fault than Darjean, would be able to bring a claim for damages against the Civic driver.
Florida has statute of limitations, meaning the timeframe in which a claim must be brought for different action before the claimant is barred from recovery. A claim for Wrongful Death must be brought within two (2) years of the date of the accident. A claim for injuries suffered, like those suffered by Darboux and Sanford, must be brought within four (4) years of the date of the accident.