Passenger in Back Seat of Vehicle Killed When Struck from Behind by Drunk Driver in Jacksonville, Florida
This wrongful death case involved a 19 year old who was employed by the U. S. Navy as an enlisted man. He had been out for the evening with two of his friends, who were also Naval enlistees. These three young men were on their way back to the Naval base and the victim in this case was in the rear passenger seat. There is no evidence of any contributory alcohol on the part of the three men in the automobile.
While traveling back to the Naval base, they traveled in the inside lane nearest the median of a four lane divided highway at about 45 miles per hour. Coming up behind them and traveling about 70 miles per hour was an individual who was intoxicated and driving a pick up truck. The driver of the pick up truck rear-ended the motor vehicle of the three young men in the rear right-hand portion of the vehicle with the left front portion of his truck. At the time of impact, it appears that the motor vehicle containing the three men spun several times until it ended up facing the same direction it was traveling. The driver in the pick up truck kept on going, fled the scene, and was later apprehended for DUI. He is currently serving a jail term for manslaughter.
When the impact occurred, the driver of the automobile looked back immediately to see what had hit him. He never did see the pick up truck. Instead, he saw a pillar of flames shooting out from the right rear of the car which is where the gas filler line is located. Once the vehicle stopped, the driver ran around to the front passenger side of the car as he was concerned about the right front passenger. When he got to the passenger side of the car, he could not get the passenger side door open and the passenger was crawling out of the driver’s side of the car.
After helping the front passenger out of the car and to the median, the driver returned to the car to attempt to rescue the passenger in the back seat. However, the passenger in the back seat appeared to be passed out, although the driver states that he had his seat belt on. The driver then grabbed the passenger’s arm and attempted to rescue him but he was unable to free him. The driver noticed that this victim was still alive when he was trying to rescue him because he saw him take numerous breaths. There are also some witness reports at the scene giving evidence that screaming was heard.
As the fire began to engulf the car, the upholstery of the top interior of the car began to drip on the driver’s arm; therefore, he had to retreat from the car and witness his own friend burn to death in his car. The Medical Examiner of Duval County, after doing an autopsy, concluded that the passenger in the back seat died of conflagration (fire) sustained as a passenger. The deposition of the Fire Marshall revealed that the source of the fire was fuel. He did not determine what in fact caused the fire, although he did determine that there were no other possible fuel sources of the fire other than the gasoline from the fuel tank.
This young victim’s parents have suffered the worst damage anyone can sustain, the death of a child. In their case, it is the death of their only child and the magnitude of their suffering has left an indelible mark on both of them. There is not a day that goes by when either one of them does not think of their son and all he meant to them. They will never have the privilege of being at his wedding or being present at the birth of his children. Since he was an only child, these parents will never have the grace and joy of experiencing grandchildren.
The parents of this young man sought the assistance of Attorney Richard D. Schuler to assist them in this matter. Mr. Schuler not only filed suit and reached a settlement with the insurance carrier for the driver of the pick up truck and the uninsured motorists carrier, he also settled with the manufacturer of the automobile that the three young men were in at the time of the accident.
This was not a high impact collision since the difference in speeds between the two vehicles was only 25 miles per hour. Unfortunately for the victim in this case, the car was not built as it should have been and the faulty gas tank assembly and the failure to protect it led to the fire that trapped him in the vehicle and killed him.
Mr. Schuler was successful in obtaining a total settlement in this case from the defendants in the hundreds of thousands of dollars.
As a result of her son’s death, his mother has taken a very active role with M.A.D.D. She has spoken at the State Capitol in Tallahassee, at M.A.D.D.’s annual “Candlelight Vigil”, and has also spoken in Washington, D.C. at the M.A.D.D. National Candelight Vigil. She has spoken at various safety councils, including the National Safety County in Melbourne, Florida, and other counties. She carries a picture of her son’s charred body with her.
