Usually in a Fort Lauderdale wrongful death lawsuit, a relative of the descendant who died as a result of another party’s fault sues the responsible party for damages. However, a Florida man who plead guilty to three counts of DUI manslaughter in August has filed a lawsuit against the deceased driver of the other vehicle. On Christmas day in 2007, David Belniak slammed into the back of the automobile which was driven by Ray McWilliams, the now-deceased driver. ABC News reports that Maureen Deskins, who is representing the McWilliams’ estate say that, “six witnesses said McWilliams was stopped at a red light when Beleniak, at 70 – 90 mph, and never veering or braking, rear ended him”.
Our Fort Lauderdale wrongful death lawyers were taken by surprise with the filing of this suit. At the time of the crash, authorities said that Belniak had alcohol, Xanax and evidence of cocaine in his system. However, other news sources say that the event data recorder in the McWilliams vehicle revealed that this automobile was not moving at the time of the crash. Also, witnesses contacted the Florida Highway Patrol claiming that Belniak had been driving out of control prior to the impact. He was sentenced to 12 years in prison, which is where he remains. Whether or not the plaintiff estate will be allowed to introduce evidence of his prior driving infractions, including two DUI charges and the 1994 killing of women on U.S. Fivay Road will have to be determined in court. Belniak, however, was not charged for the 1994 killing.
He is being represented by his sister-lawyer Debra Tuomey and alleges that McWilliams caused the crash and was negligent because he (McWilliams) made a sudden change of lanes and it became impossible for him to avoid a crash. He is seeking recovery of more than $15,000 in damages for medical expenses, pain and suffering, and loss of capacity for the enjoyment of life. Also, Deskins told ABC News that she could not think of a “tactical reason that might explain Belniak’s lawsuit”. The McWilliams estate originally filed a wrongful death action against Belniak, which is set for an April trial. And it is typical in these types of actions that when a jury finds a plaintiff’s conduct contributed to a crash, the jury is allowed to apportion fault accordingly.
Still, Belniak’s attorney claims that this is “government sanctioned assassination against one individual”. It will be interesting for our Fort Lauderdale car crash attorneys to observe how Belniak’s claims will unfold. Also in the McWilliams vehicle at the time of the crash were three other vehicle passengers that were killed.
The Florida Wrongful Death Act controls wrongful death lawsuits filed in the state of Florida. If your loved one has been killed due to the tortious conduct of another party, you will want to speak with an Fort Lauderdale personal attorney immediately because Florida law only allows you two years from the date of death to bring an action for wrongful death. And four years for personal injury negligence claims.
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