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Out-of-State Lawsuit

Posted in Fatal DUI Car Accident,News,Personal Injury,Rear End Car Accident on June 23, 2014

Earlier this year, a prominent liquor salesman was killed in a car accident on Miami Beach after police say his brother-in-law, who was driving at high speeds while heavily intoxicated, crashed a $400,000 Lamborghini into another sports car. Now, the widow of the victim is filing a civil lawsuit against the drunk driver, who was seriously injured in the crash, on behalf of the estate of her husband, herself, and the couple’s two sons, aged 1 and 5, DUI attorneys in Fort Lauderdale report. 

According to the police report, the victim, a Double Cross Vodka magnate, was killed instantly, while his brother-in-law, the driver, suffered severe injuries. The car was allegedly traveling at 120 miles per hour in a 50 mile per hour zone. Both men were headed back to the driver’s home from a party they had attended at the Versace mansion around 3 in the morning when the driver lost control, and collided with the back of an SUV that had been stopped at a nearby red light. The Lamborghini was thrown nearly 100 yards across the air, and the SUV also suffered serious damage. Through chemical tests, the police determined that the driver’s blood alcohol level was around 0.173 at the time of the crash, which is more than twice the legal limit of 0.08. 

The brother-in-law has been charged with DUI manslaughter and vehicular assault, and the widow’s lawsuit also charges him with gross negligence. She has claimed that the driver had no regard for the safety of anyone around him, including his passenger and relative who was killed by his actions. This lack of care, the widow’s lawsuit states, amounts to complete indifference, and cost her husband his life. The widow is seeking both compensatory and punitive damages to cover the loss of past and future support and services that her husband provided to her and to their children. Her wrongful death lawsuit places the amount of damages in excess of $15,000, although this number could be far greater by the end of the negotiations and trial.  

The case against the drunk driver is made more complex by the criminal charges that are pending against him, as well as the fact that the widow does not live in the state, DUI attorneys in Fort Lauderdale say. She and her husband had homes in New York and Maine, and her husband was visiting his relatives in Florida when the crash occurred. In cases where the plaintiff does not live in the state, but the defendant does, retaining the services of an attorney who is familiar with drunk driving and personal injury laws in Florida is crucial, because the case will be based on the laws and regulations of the state in which the accident took place, not those of the state in which the plaintiff resides. 

David I Fuchs, a Florida personal injury and DUI attorney, represents anyone who has lost a loved one in a car accident on Florida’s roads and highways, even if the victim was visiting and lives out-of-state. If you need help navigating the laws and courtrooms in the Fort Lauderdale area, contact the Law Offices of David I Fuchs for a consultation today.