Accidents involving death are devastating and can often have life-changing effects on all parties involved. As noted in a report carried out by the Florida Department of Highway Safety and Motor Vehicles, there was a staggering 344,170 traffic crashes in Florida in 2014, and of that number, 2,494 died as a result of the traffic accident.
Many people make the assumption that because they had no intentions to cause injury or death to another person, they will not be held liable, and therefore, not face criminal charges. However, this is not the case. Your involvement in an accident may mean that you are held responsible and liable for all or part of the damage and injury caused. As a result, you may find yourself facing serious penalties and punishments.
If you or someone you know has been involved in a car incident that resulted in death, then it is strongly recommended to seek legal representation from a defense attorney. At The Law Place, we have a team of adept lawyers who have an abundance of experience in handling a variety of cases and achieving successful outcomes. Our criminal defense lawyers will fight for your rights and work to have any criminal charges you may be facing reduced or even dismissed. Contact us today to arrange a free consultation. Our Bradenton phone lines are open around the clock, so you can call us at a time most convenient for you. An adept attorney will be on hand to help. Call our law firm today at (941) 444-4444 and get started with your case.
Negligence Under Florida Law
When it comes to accidents that have resulted in death, negligence is usually a major factor. Negligence can be defined as a failure to behave with the appropriate level of care that is expected in specific circumstances. The behavior usually consists of certain actions but may also consist of omissions when there is an expected duty to act.
If you are unfortunate enough to be involved in an incident that has resulted in death, then the prosecution will seek to establish if your actions were negligent or showed a wanton disregard for the safety of those around you. According to Florida law, it is a legal requirement for all citizens to act with a duty of care towards others.
In order to successfully convict the accused, the prosecution must prove a number of factors beyond a reasonable doubt. Such factors include:
- The legal duty to act with care – Duty of care is a legal requirement which states that a person must meet a certain standard of conduct in order to protect others.
- Breach of duty of care – This is the defendant’s failure to meet this standard of conduct.
- Causation – This is the connection between the injury or death of the victim and the defendant’s negligent actions.
- Damage and injury – This refers to the loss, injury, and damage that was caused as a result of the breach of duty of care.
Penalties for an Accident Involving Death in Bradenton
When determining the penalties that are issued for an incident involving death, there are a number of factors that are considered. Such factors include the circumstances surrounding the incident involving death, as well as whether the defendant has received any prior convictions. Depending on these factors, you may face any of the following charges:
- Third-degree felony – Punishments for a third-degree felony include a prison sentence of up to 5 years and $5,000 payable in fines.
- Second-degree felony – If you are convicted of a second-degree felony, then you may face penalties of up to fifteen years in prison and up to $10,000 payable in fines.
- First-degree felony – A first-degree felony charge is the harshest charge you can receive. If convicted with a first-degree felony, you will face punishments of up to 30 years in prison and up to $10,000 payable in fines.
Florida Statute 775.084 also notes that the Florida legal system operates under a recidivist sentencing scheme. This means that if you have previously been convicted, then you may find yourself facing even greater penalties as a result. This scheme is more commonly known as the ‘three strikes, and you’re out’ rule.
An experienced Bradenton personal injury attorney will work to help you avoid the worst penalties. Contact our law firm in Bradenton and speak to one of our highly skilled attorneys today.
We’re here to serve you. Our phones are open 24 hours a day. Defenses for an Accident Involving Death in Bradenton, FL.
Cases involving death are always complex, which is why it is so important to seek the advice and representation of one of our Bradenton personal injury attorneys. An adept lawyer will work alongside you to tailor a defense strategy that can stand up in court and possibly have your penalties reduced or even dropped. Depending on the circumstances surrounding your case, a highly skilled lawyer may put forward any number of the following defenses:
- Wrongfully accused – There may be evidence to prove that you have been wrongfully accused of the crime.
- No causation – There may be evidence that proves that your actions did not cause the death of the deceased. The prosecution must prove a clear connection between your contact and the death that occurred as a result of the incident. Failure to do so may see your punishments reduced or dropped entirely.
- State of mind – There may be evidence to prove that you were not in your right state of mind at the time of the incident due to no fault of your own.
- Comparative negligence – Comparative negligence refers to the deceased and whether they were somewhat responsible for their own death.
If you are facing criminal charges for an incident involving death in Bradenton, then it is highly recommended that you seek the representation of a criminal defense attorney. Contact us today to arrange a free consultation with an adept accident attorney.
We’re Florida’s top litigation team with over 75 years of combined experience Contact The Law Place Today!
At The Law Place, we have a highly skilled team of personal injury attorneys who have over 75 years of collective experience in handling cases involving death. Therefore, if you or a loved one are facing criminal charges for an incident involving death, you should seek the knowledge of a highly skilled Bradenton personal injury attorney.
Here at our law firm, we understand how terrifying facing criminal charges can be, which is why we will do our utmost to ensure you receive the best outcome possible. An adept attorney will analyze your case and any evidence being used against you and will work to tailor a strong defense strategy that can stand up in court against the prosecution. Many of our lawyers are AVVO rated 10.0, the best possible rating, so you can feel confident that your case will be in knowledgeable and experienced hands.
Our phone lines are open 24 hours a day, 7 days a week, so you can call us when you need us most, and a Bradenton personal injury attorney will be on hand to offer valuable support and legal advice. Call us on (941) 444-4444 and arrange a free consultation with one of our criminal defense lawyers today.
