What Families Need to Know About Legal Options in Complex Florida Crashes
A deadly crash in St. Petersburg recently made headlines after a 21-year-old man died when his car collided with another vehicle on Emerson Avenue South. But this was no ordinary car accident. Police believe the driver had been shot before the crash, and a toddler was in the car at the time. The case remains under investigation.
For families affected by tragedies like this, the emotional toll is often followed by questions like: Can we file a lawsuit? What if a crime caused the crash? What if another driver could have prevented it?
In Florida, families can often file a wrongful death claim even when the crash involves multiple causes, including both criminal activity and driver negligence. If your loved one died in a collision involving violence, unsafe conditions, or careless driving, this article explains what legal options may be available to you.
What Is a Wrongful Death Claim in Florida?
A wrongful death claim is a lawsuit that may be filed when someone dies because of someone else’s actions—whether it’s from negligence, a car accident, or a crime. Florida law (Florida Statutes § 768.16–768.26) gives surviving families the right to sue for compensation.
When someone is killed in a crash, their family may be able to recover damages such as:
- Funeral and burial costs
- Medical bills
- Lost income and benefits
- Pain and suffering
- Loss of companionship and parental guidance
Even if no arrest has been made or if criminal charges are ongoing, families can still file a civil lawsuit.
Florida Laws That Affect Your Wrongful Death Claim
Several Florida laws may impact your wrongful death case:
Two-Year Time Limit
Under Florida Statute 95.11, families usually have up to two years from the date of their loved one’s death to file a wrongful death claim. Don’t wait; evidence can disappear quickly, especially in cases involving multiple causes.
Modified Comparative Fault
Florida follows a modified comparative negligence rule, as outlined in Section 768.81 of the Florida Statutes. If more than one party contributed to the crash, each may be held responsible based on their level of fault.
Civil Lawsuits Are Separate From Criminal Charges
Even if someone is being prosecuted criminally, a civil case is a separate matter. A criminal conviction is not required to succeed in a wrongful death lawsuit in Florida.
Real Case: Fatal Crash After Shooting in St. Petersburg
In September 2025, a man crashed his car near Emerson Avenue South in St. Petersburg, FL 33707, and later died from a gunshot wound. An 18-month-old girl was also in the car but was not physically harmed.
While police work to identify the shooter, the victim’s family may still be able to file a wrongful death claim in St. Petersburg. Civil courts allow lawsuits even if a criminal has not been caught.
Potentially responsible parties might include:
- The unknown shooter (once identified)
- A business with unsafe premises (if negligent security was involved)
- Other drivers who may have worsened the crash
This tragic case shows that families do not need to wait for a criminal trial to pursue legal action.
Can You Still Sue if Another Driver Was Involved?
Yes. Even if a crime was the initial cause, another driver may still share legal responsibility, primarily if they acted carelessly or failed to take reasonable precautions to prevent the crash.
Examples of possible driver negligence:
- Speeding through an intersection
- Tailgating the victim’s vehicle
- Failing to yield or swerve safely
- Distracted driving or using a phone
These types of actions can exacerbate a crash—or turn a potentially dangerous situation into a deadly one. In Florida, if another driver’s negligence contributed to the fatal crash in any way, they may be sued for damages.
Who Can Be Sued in These Complex Cases?
When violent crime and traffic negligence overlap, multiple parties may be liable:
1. The Shooter or Attacker
If identified, they can be held accountable in both criminal and civil court.
2. Property or Business Owners
If the crime occurred on or near unsafe property (like a poorly lit parking lot), the owner may be liable for negligent security.
3. Other Drivers
Even if not criminally involved, drivers who acted recklessly may face wrongful death lawsuits.
4. Vehicle Owners
In Florida, the dangerous instrumentality doctrine allows claims against vehicle owners even if they weren’t driving.
What Can You Recover in a Wrongful Death Claim?
Families may recover financial and emotional losses, including:
- Emergency and medical expenses
- Funeral costs
- Lost income or benefits
- Pain and suffering
- Loss of companionship and support
- Mental health treatment for surviving children
Compensation may cover expenses such as funeral services, lost wages, emotional distress, and other additional losses. For many families, no amount of money can ever truly bring peace, but justice and accountability matter.
For a closer look at why these cases matter to our team and the families we serve, watch this short video from Attorney Edward Reyes.
Why Wrongful Death Cases Are So Meaningful to Attorney Edward Reyes
For Attorney Edward Reyes and the team at The Reyes Firm, wrongful death cases are personal. These matters involve families who have lost a parent, child, or loved one in a tragic crash. In this short video, Florida wrongful death attorney Edward Reyes explains why these cases are the most emotional work he does and how the firm supports grieving families.
“These are the most emotionally taxing cases because it is not just one client. It is a family grieving together.” — Edward Reyes
What to Do After a Fatal Crash Involving Crime or Negligence
Checklist for Families in St. Petersburg:
- Call 911 immediately
- Request a police report from the St. Petersburg Police Department.
- Seek medical attention for any survivors.
- Take photos or video of the crash scene.
- Avoid speaking with insurers without the assistance of a lawyer.
- Save records, including hospital and funeral bills.
- Call a wrongful death attorney right away.
Tip: Ask your personal injury attorney to help gather evidence from Bayfront Health or St. Anthony’s Hospital.
Why Local Legal Help in Pinellas County Matters
At The Reyes Firm, our team understands how Pinellas County cases work. We’ve handled cases involving:
- Emerson Avenue South
- US-19, I-275, and other crash-prone roads
- Local courts, judges, and insurance companies
We serve families in:
- St. Petersburg (33701, 33705, 33712)
- Gulfport
- Clearwater
- Pinellas Park
- Largo
Florida Crash Data: The Bigger Picture
Data from the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) shows that:
- As of August 2025, there were over 1,700 fatal crashes across Florida.
- Pinellas County alone reported 55 deadly accidents.
- Some involved high-speed chases, shootings, or multi-car pileups
These statistics illustrate the increasing frequency and complexity of Florida crashes, underscoring the need for prompt action.
Can You File a Claim If the Shooter Hasn’t Been Found?
Yes. Florida law allows you to pursue a civil wrongful death claim even if the person responsible for the crime has not been caught.
A skilled personal injury lawyer can:
- Investigate other possible causes
- File claims against known and unknown parties.
- Use expert witnesses or crash reconstruction.
- Seek surveillance footage and local business reports.
FAQ: Wrongful Death Claims After a Crime-Related Crash in Florida
- What types of damages can you claim after a fatal car accident in Florida?
You can sue for funeral costs, medical bills, lost income, emotional pain, and loss of companionship through a wrongful death claim. - Do I need to know who the shooter was before filing a wrongful death claim?
No. You can still file a claim while the investigation is ongoing. A skilled lawyer can determine who else may be legally responsible. - What happens if multiple families want to sue after the same violent crash?
Each family may file their own wrongful death claim. The court may combine cases or divide compensation depending on liability and damages. - Is emotional distress by itself enough to file a wrongful death lawsuit in Florida?
Emotional distress alone isn’t enough, but it can be part of the compensation if you’re an eligible family member under Florida law. - Can you still sue if another driver was partially at fault?
Yes. If a negligent driver contributed to the crash, even if they didn’t cause it, you can still sue them under Florida’s shared fault rules.
How Can The Reyes Firm Help You?
Whether your loved one died because of a combination of negligent driving and a violent crime, you deserve answers and justice.
At The Reyes Firm, our car accident lawyers help families like yours by:
- Investigating all contributing factors
- Filing a wrongful death lawsuit on your behalf
- Handling insurers so you don’t have to
- Pursuing maximum compensation through settlement or trial
- Supporting you with care, clarity, and experience
Contact The Reyes Firm
The Reyes Firm
4730 N. Habana Ave., Suite 201, Tampa, FL 33614
833-4 BAD DAY
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