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The lawyers of Goldman, Babboni, Fernandez, Murphy & Walsh have more than 100 years of combined Florida legal experience in personal injury, wrongful death and negligence cases. David Goldman, and Michael Babboni have each represented accident victims throughout Florida for over twenty …

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Auto Accidents Blog Post

Who is Liable When a Person Dies in a Car Accident Caused by an Animal?

A man died in a car crash in Manatee County the afternoon of Saturday, May 26, after the car he was riding in spun off the road, careening into a ditch, overturning and slamming into a pine tree stump before coming to a rest. The driver of the car says he swerved to avoid an animal in the road.

The victim was a 42-year-old Dover man. According to troopers, the driver was heading west in his GMC Yukon on State Road 62, just after the intersection of Carlton Road. The exact kind of animal that caused the driver to swerve was not reported.

The passenger died at the scene, and the driver had to be taken via ambulance to South Bay Hospital, where he was treated for minor injuries. The Florida Highway Patrol later ticketed him for careless driving.

Questions of liability in such a case

Let’s say the driver is telling the truth and there was an animal in the middle of the road that caused the reaction to swerve. Is anyone truly liable for the accident in such a scenario?

The answer will likely vary from case to case, depending on the specific circumstances at play. Can the driver prove there was an animal? How much time did he or she have to avoid that animal? Could he or she reasonably have avoided it without causing a collision or swerving off the road?

These are all questions any potential plaintiff will need to go over with his or her attorney before filing a personal injury claim in this situation. For further guidance on these types of issues, meet with an experienced Sarasota personal injury lawyer at Goldman, Babboni, Fernandez, Murphy & Walsh.

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Goldman, Babboni, Fernandez, Murphy & Walsh
2822 University Parkway
Sarasota, Florida, 34243 USA