David Deese and Ernest Gonzalez were seriously injured in a West Palm Beach, Florida car accident last week. According to news reports, three cars collided when a fourth vehicle came to a near stop in the middle of the highway.
Given my perspective as an injury lawyer, I believe this is a case where some of the affected parties, especially David Deese, may be entitled to compensation for their injuries. As you will see in a moment, causation of this multi-vehicle crash is certainly an in issue. (Photo Credit: Greg Lovett/Palm Beach Post)
FHP is reporting that an unknown vehicle came to a near stop in the middle lane of I-95. This caused a tractor trailer driven by Dwayne Paddyfoot to slow down as he got close to the nearly stopped unknown vehicle.
Ernest Gonzalez was driving behind the tractor trailer when it slowed down. Also travelling behind the tractor trailer was David Deese.
In response to the slowing tractor trailer, Ernest Gonzalez tried passing the semi, but swerved drastically at the last instant as he came upon the stopped vehicle. This caused Ernest Gonzalez to lose control of his SUV and crash into David Deese’s car and Dwayne Paddyfoot’s semi.
The collision was so intense that Fire Rescue crews had to work to free David Deese from the mangled wreckage. He and Ernest Gonzalez were both transported to the hospital for serious injuries.
To make a successful claim, a car accident lawyer representing David Deese or any of the other injured parties must be able to establish three main elements in their case.
1) That David Deese (or the others) suffered an injury.
2) That one of the parties, such as Ernest Gonzalez, is responsible, at least in part, for causing the accident due to negligence.
3) The responsible/negligent party must have assets or insurance that can be used to pay for any judgment or settlement. Without assets or insurance, a potential plaintiff would be unable to obtain compensation, even though it is deserved.
Given the complexity of this case, due to the fact that it is a multi-vehicle crash, it is important for David Deese and the others to seek the counsel of a qualified accident attorney.
To determine if a case can be made, injury lawyers will need to evaluate police reports, crash reports, witness statements, as well as any other available evidence, such as the data from vehicle computers regarding vehicle speed, brake usage, and deployment of airbags. Records from cellular phones may also be helpful when trying to prove negligence if a responsible party was talking on the phone instead of paying attention.
For instance, if Ernest Gonzalez’s vehicle computer data proves he was speeding, he may be held accountable, at least in part, even though he can try to place responsibility on the stopped unknown vehicle.
Again, this is just speculation. Ernest Gonzalez may be a plaintiff in this case who has the right to seek compensation from one of the other parties.
All I am saying is that a full case analysis is needed. Uncovering the facts and evidence will shed a tremendous amount of light on this case and on who may or may not have the right to obtain compensation.
Legal issues aside, I hope the injured parties have a speedy recovery and a return to their normal lives.