A 37-year-old man was killed Wednesday night after being struck by a van while lying in the roadway in Volusia County, Florida. The incident occurred near DeLand. The Florida Highway Patrol is investigating. The pedestrian’s family now faces complex legal questions.
According to FHP, the victim was lying in the road when the van hit him. The driver remained at the scene. Toxicology results are pending. This crash highlights a critical legal problem: how comparative negligence rules apply when a pedestrian’s own actions contributed to the accident.
Florida’s pure comparative negligence law is the central hurdle. A court might find the pedestrian partially at fault for lying in a roadway. This directly reduces any recoverable damages. If a jury assigns 60% fault to the pedestrian, the family’s compensation is cut by 60%.
Despite this, the van driver still owed a duty of care. All drivers must maintain a proper lookout. If the driver was speeding, distracted, or failed to brake, liability could shift significantly. A car accident attorney can investigate these factors.
Families can pursue a wrongful death claim under Florida Statute 768.21. Eligible parties include the surviving spouse, children, and parents. Recoverable damages include medical expenses, funeral costs, lost net income, and loss of companionship. Pain and suffering is also compensable.
The statute of limitations is two years from the date of death. Waiting too long can bar the claim entirely. Immediate action is critical. Evidence like FHP reports, surveillance footage, and witness statements must be preserved.
| Key Question | Answer |
|---|---|
| Can the family sue if the pedestrian was lying in the road? | Yes. Comparative negligence may reduce, but not eliminate, the claim. |
| What if the driver was distracted? | That could establish negligence and shift liability away from the pedestrian. |
| How long to file a claim? | Two years in Florida for wrongful death. |
| What evidence is needed? | Police reports, autopsy results, driver records, and cell phone data. |
| Should I hire a car accident attorney immediately? | Yes. Evidence degrades quickly. Insurance adjusters may pressure for a quick, low settlement. |
A car accident attorney can manage the entire process. They gather FHP reports, interview witnesses, and calculate full economic and non-economic damages. Most firms, including those in Volusia County, offer free consultations and work on a contingency fee basis. No upfront payment is required.
💡 Frequently Asked Questions (FAQ)
- Q: What is the statute of limitations for a wrongful death claim in Florida after a pedestrian accident?
- A: The statute of limitations is two years from the date of death. Failing to file within this period can permanently bar the claim.
- Q: How does Florida’s pure comparative negligence rule affect a pedestrian’s family compensation?
- A: If the pedestrian is found partially at fault, damages are reduced by their percentage of fault. For example, 60% fault means a 60% reduction in compensation.
- Q: Can the family still recover damages if the pedestrian was lying in the road?
- A: Yes, but recovery is limited. The driver owed a duty of care, and factors like speeding or distraction could shift liability. A car accident attorney can evaluate the case.
- Q: What damages are recoverable in a Florida wrongful death claim for a pedestrian killed by a van?
- A: Recoverable damages include medical expenses, funeral costs, lost net income, loss of companionship, and pain and suffering, as per Florida Statute 768.21.
- Q: Who is eligible to file a wrongful death claim in this situation?
- A: Eligible parties include the surviving spouse, children, and parents of the deceased pedestrian.
Extended Reading
The Florida-justice.com blog notes that in such cases, a driver’s failure to react, even to an unusual hazard, can still form the basis of a negligence claim. The West Volusia Beacon reported the crash as a single-vehicle incident. WESH 2 News confirmed the victim’s age and the agency investigating. Families should seek counsel immediately to protect their legal rights and secure potential compensation.