By Marie Taylor
This week, the Tampa Bay Times reported on a fatal car crash that occurred on Dale Mabry, a main highway in Tampa, Florida. The two-car crash occurred at the intersection of Dale Mabry and West South Ave. Tampa Police claim that the 22-year-old driving a 2011 BMW was traveling at “a high rate of speed” and appeared to be racing another vehicle, before the BMW struck the 2015 Nissan occupied by an elderly husband and wife. Tragically, the 73-year-old female passenger died in the crash and the 74-year-old male is recovering in the hospital. The driver of the BMW remained at the scene of the crash, was evaluated for injuries, and was ultimately arrested and charged with vehicular manslaughter and unlawful racing. Witnesses reported to see two black cars driving much faster than other vehicles and changing lanes, but the placement of the vehicles and the specifics of the crash remain uncertain.
A car accident resulting in a fatality is always tragic but does not always mean that a crime has occurred. There may have been other traffic laws and signals in play that could drastically impact whether one or more vehicles carried responsibility for the crash itself or the fatality. To prove felony charges against the BMW driver, the prosecution has to show that the driver was acting in a reckless manner with intentional indifference toward human life and a conscious disregard for the safety of the other person. The young driver of the BWC needs a skilled defense attorney to analyze the facts of the crash and understand which role each car or party played in the crash. There would also have to be proof of some coordination or competitive attempt to outpace on another for “racing” to be successfully prosecuted.
Even if the driver of the BMW was proven to be speeding, the government must show more evidence than speed alone to successfully bring criminal charges, especially a felony. Another important consideration is that the third car involved in the incident may have actually been the responsible for causing the collision yet kept driving to avoid consequences. An experienced criminal defense attorney is able to consult experts on accident reconstruction and will present the crash details in the most favorable light possible for its client. Witnesses may have seen multiple vehicles moving quickly on the highway or changing lanes leading up to the crash, but may not have been able to distinguish between the drivers or vehicles involved.
If you or your loved one are being accused of committing a crime, you should consult with one of our Criminal Defense Attorneys, don’t hesitate to call us at 352-WIN-4YOU We are available 24/7 and we offer payment plans.