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The Florida Highway Patrol was called to an accident Tuesday night on I-95 near Ft. Lauderdale after the driver of a Toyota Camry lost control of the vehicle and ran off the road, hitting five (5) people changing the tire of SUV. The accident caused the death of two and injured three of the pedestrians.
The occupants of the SUV had left the vehicle to change the tire, after pulling into the grass off the Interstate. As they stood outside of the car, the driver of the Camry lost control, went through the grass, hit a fence, and came to a stop near railroad tracks.
The accident left two dead at the scene of the accident, the other three pedestrians were taken to the hospital with non-life threatening injuries and the driver of the Camry was transported to the hospital with serious injuries.
In Florida, drivers are required to maintain insurance coverage of $10,000 in personal injury or no-fault coverage. This insurance pays 80% of medical bills up to $10,000 for the insured driver, regardless of fault. When a pedestrian is injured, the no-fault coverage extends to the pedestrian if s/he owns a vehicle. If the injured person does not, then they fall first under the insurance of a family member with whom they reside.
Florida also recognizes injury claims against the at-fault driver for wrongful death actions or claims of injuries. If the at-fault driver does not have bodily injury coverage, meaning a policy that covers injuries caused by the at-fault driver, then the injured party may have a claim against their own insurance, if s/he has uninsured/underinsured motorist coverage.
In Florida, a claim for injuries from a car accident must be brought within four (4) years of the date of the accident. If the claim is for wrongful death, then it must be brought within two (2) years of the accident unless the death was caused by an intentional act, like homicide, then there is no bar on how long the family or estate has to bring the action. However, that does not appear to be the case in this accident.