Client Is Struck And Killed By A Car On I95 In Miami Florida
Author: Attorney Daniel Villalobos
Our client, a middle aged man that suffered from various mental health conditions, had a manic attach one night around midnight. He left his house by himself in an attempt to deal with his manic episode. Wandering aimlessly around Miami, he entered onto I95 where he was struck and killed by a driver after our client crossed over three lanes of traffic. Devastated, the family called the Wrongful Death Attorneys Dell and Schaefer. Our firm quickly took the case and began the process of zealously representing the estate’s interests as well as the beneficiaries.
Insurance Company Denies The Claim
Since only the driver lived to tell the tale, the driver stated that our client ran out into the highway, the driver had no forewarning or time to stop, and the driver had no time to take evasive action. Our firm balked at the fact that the insurance company had the audacity to deny a claim. Our firm quickly hired an accident reconstructionist expert who’s report would tell the story of our client had he been alive. The accident reconstructionist expert determined that with the rate of speed the driver admitted to going, as well as the time it would take for a man to cross three lanes of traffic, the driver had approximately 50-100 yards of space to see our client. In order to drive 50-100 yards, an ordinary prudent driver who is paying attention to the road, could not have failed to see our client.
In addition, during deposition, the driver stated that had our client been wearing white or bright clothing at night, then she would definitely had seen our client. She insisted our client was wearing dark clothes. The attorney representing the estate pulled out the pictures from the night of the accident which showed our client wearing a white jacket at the time of impact. The driver then stood silent, realizing she had just admitted to being able to see our client and failing to take evasive action.
After our line of questioning was over, and after the driver’s statement, the insurance company quickly tendered out the policy limits. The family was absolutely ecstatic that we were able to get the insurance company to do a complete reversal on their liability determination entirely due to the hard efforts and great interrogation skills of our attorneys.
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