Posted On: May 24, 2010 by Balliro Seltzer

Possibly Intoxicated Driver Flips Car Over, Killing Nearby Father and Daughter

As Miami-Dade auto accident lawyers, we were saddened to read about an accident that killed a father and daughter who just happened to be nearby. The South Florida Sun-Sentinel reported May 24 on the accident that killed Robert Kane, 79, and his 51-year-old daughter Odetta Kane. Angela Stracar, 24, was driving past the Boca Isles South subdivision in West Boca when she lost control of her SUV and hit the sign for the subdivision. The crash flipped the SUV over onto the Kanes’ Cadillac as they drove home from picking up food for dinner. Both were wearing seat belts, but died at the scene, leaving Ena Kane, 75, without her husband and only child. Stracar was taken to the hospital in good condition. Authorities are waiting for the results of an intoxication test to decide whether charges will be filed.

Evidence of intoxication would go a long way toward explaining why Stracar lost control of her vehicle. However, regardless of whether Stracar was intoxicated, the description of this accident makes it sound a lot like it was her fault. Drunk or sober, reasonably careful drivers do not hit roadside signs. The fact that her vehicle flipped across the road also suggests that she may have hit the sign with some force. If Stracar was at fault for the accident, Ena Kane would be able to hold her legally and financially responsible for the deaths of her husband and son. Even if authorities decline to file charges against Stracar, Ena Kane would have the right to pursue justice through the civil courts, with the help of a West Palm Beach car crash attorney. That includes requesting fair financial compensation for the loss of her husband and daughter’s financial support, as well as their love, companionship and care.

It’s also worth noting that Stracar was driving an SUV -- a type of vehicle that remains substantially more likely than other vehicle types to roll over during ordinary driving maneuvers. SUVs have higher centers of gravity, which means it’s easier to tip them over. In some models, in fact, it’s possible for the tipping over to happen without the vehicle hitting an object or another vehicle -- during sudden swerving to avoid an obstacle, sudden braking or drifting onto uneven dirt surfaces. Rollovers are especially bad accidents because they can throw the people inside the vehicle around and out of the vehicle, causing serious head injuries, spinal injuries and death. As this article shows, they can also bring the entire weight of the SUV to bear on anything that happens to be in the way, such as another vehicle and its passengers. If Stracar’s SUV was so defectively designed that it rolled over when other vehicles would not have, Ena Kane may also have a defective product claim against its manufacturer.

Law offices of Sebastian John Balliro, P.A. understands that no amount of money can ever bring back a loved one who was taken too soon. But after an unexpected death, the families left behind often find that they’re struggling with financial problems along with their grief. Spouses and children of breadwinners may lose that income entirely, or may get survivors’ benefits that are only a fraction of the amount the victim brought in while alive. Families may find that they need to hire someone to handle childcare, yard work and other essential duties the deceased did. Our Fort Lauderdale car wreck lawyers help families recover financial compensation to cover these and other injuries caused through no fault of their own, by an irresponsible driver. We can also claim damages for loss of the deceased person’s love, care and companionship.

If you’ve lost a family member or been seriously injured by someone else’s carelessness, Balliro wants to help. For a free evaluation of your case, please send us a message online or call toll-free from anywhere in Florida at 1-866-INJURED.

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