Posted On: November 23, 2009 by Shorstein & Lasnetski

Serious Head-on Collision Accident in Baker County, Florida

A head-on accident on U.S. 90 in Baker County, Florida killed one driver and seriously injured another, according to an article on News4Jax.com. According to the article, Casey Prevatt's vehicle crossed the center line and crashed head-on into a pickup truck, killing Mr. Prevatt and seriously injuring the driver of the pickup truck.

Assuming the deceased driver caused the accident and the injuries to the pickup truck driver, one question that arises in personal injury cases is whether someone injured by a driver who dies in the crash can make a claim against that deceased driver. In other words, can the injured pickup truck driver sue the other driver who died in the crash? The answer is yes. The at-fault driver's insurance company is still liable to pay the damages caused by the negligence of the driver who died in the crash. If the case cannot be resolved through negotiations, the injured driver can sue the deceased driver's estate for his/her injuries to collect the available insurance money. Also, in any accident, if the owner of the vehicle that caused the crash is different from the driver of that vehicle, the injured party can make a claim against that owner's insurance company for his/her injuries. Florida has what is called the dangerous instrumentality rule which says that an owner of a vehicle (i.e. his/her insurance company) is generally liable for injuries caused by that vehicle even if someone else is driving.