Losing a loved one in a car accident is devastating and life-changing. When the crash is caused by someone else’s negligence, Florida law allows surviving family members to pursue a wrongful death claim for accountability and financial compensation. But one of the most important—and often confusing—questions is who can be held legally responsible for a fatal car accident in Florida.

This guide explains how liability works, who can be sued, and what families need to know when considering a wrongful death claim.

Understanding Wrongful Death Claims Under Florida Law

Florida’s Wrongful Death Act (Florida Statutes §§ 768.16–768.26) allows certain surviving family members to recover damages when a person’s death is caused by another party’s wrongful act, negligence, or breach of duty.

These cases are filed by the personal representative of the loved one’s estate on behalf of surviving family members.

To win a wrongful death case, you must prove:

  • The at-fault party owed a duty of care

  • That party breached their duty

  • The breach caused the fatal accident

  • The death resulted in legally recognized damages

Determining who breached the duty of care is the core issue in establishing liability.

Who Can Be Held Liable for a Fatal Car Accident in Florida?

Car accident wrongful death cases often involve more than one negligent party. Here are the most common individuals and entities that may be held responsible.

1. Negligent Drivers

The most common defendants in fatal crash cases are other drivers. A driver may be liable if they were:

  • Speeding

  • Texting or distracted

  • Driving under the influence

  • Running red lights or failing to yield

  • Reckless or aggressive

Multiple drivers may share responsibility, and liability is divided based on each party’s percentage of fault.

2. Employers of At-Fault Drivers

If the at-fault driver was working at the time of the crash—such as a delivery driver, commercial truck driver, rideshare driver, or company employee—their employer may also be liable under:

  • Vicarious liability

  • Negligent hiring

  • Negligent training

  • Negligent supervision

This can significantly increase the available insurance coverage.

3. Vehicle Owners (Dangerous Instrumentality Doctrine)

Florida has a unique rule called the dangerous instrumentality doctrine, which holds the owner of a vehicle responsible for negligence committed by someone driving with their permission.

This means:

  • Parents may be liable for a child’s driving

  • Rental car companies may be liable (with some federal limitations)

  • Anyone who lends their car may face financial responsibility

4. Rideshare Companies (Limited Circumstances)

Uber and Lyft are generally not liable as employers, but Florida law requires them to carry substantial insurance when a driver is transporting passengers or en route to pick someone up.

If the driver was “on app,” rideshare insurance may apply.

5. Bars, Restaurants, or Social Hosts (Dram Shop Liability)

Florida’s Dram Shop Law allows wrongful death claims against alcohol vendors in limited situations:

  • Serving alcohol to someone under 21

  • Serving a person known to be habitually addicted to alcohol

If a drunk driver caused the fatal accident, a bar or restaurant may be partially responsible.

6. Vehicle or Parts Manufacturers

If a defective vehicle or component contributed to the fatal crash—such as faulty brakes, airbags, tires, or steering components—the manufacturer or distributor may be liable under product liability law.

7. Government Entities

Government agencies may be responsible if:

  • Poor road design

  • Inadequate signage

  • Negligent road maintenance

  • Unsafe construction zones

contributed to the fatal accident.
Claims against the government have special notice requirements and damages caps.

What Damages Can Families Recover in a Florida Wrongful Death Case?

Surviving family members may recover damages such as:

  • Loss of the loved one’s support and services

  • Loss of companionship and protection

  • Mental pain and suffering

  • Medical and funeral expenses

  • Loss of future income the loved one would have earned

  • Estate losses (including lost earnings from injury to death)

The value of a wrongful death case often depends on identifying all liable parties and all available insurance policies.

Why Families Should Consult a Florida Wrongful Death Attorney

Wrongful death cases involving car accidents are complex, and multiple parties may deny responsibility. An experienced attorney can:

  • Investigate the crash

  • Identify all liable parties

  • Preserve important evidence

  • Handle insurance companies

  • Pursue full compensation for the family

Because wrongful death claims have strict deadlines, it’s important to act quickly.

Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.

J.P. Gonzalez-Sirgo
J.P. Gonzalez-Sirgo
J.P. Gonzalez-Sirgo, P.A.
Post A Comment

Share and Save: