Paul Donner was killed by a hit-and-run driver while walking along south Dixie Highway in West Palm Beach the morning of March 26, 2022. Because the driver of the vehicle was apprehended, Donner’s family may have a solid case to file a wrongful death claim.
West Palm Beach police allege that Santizo Sarmiento, 21, from Lake Worth Beach, was driving under the influence of alcohol when his 2007 Chevrolet Impala struck and killed Paul Donner, 71. According to the arrest report, the crash occurred on south Dixie Highway just south of Barnett Street. A witness, who saw Sarmiento’s vehicle swerving and saw the collision, reported the crash to a police sergeant parked in a nearby lot. The officer then noticed the suspect’s car traveling south on Dixie Highway, and pulled it over south of Forest Hill Boulevard.
Drive Appeared Under the Influence, Failed Sobriety Testing
After being pulled over, an officer reported that Sarmiento’s breath smelled of alcohol, described his speech as slurred, and said the suspect had trouble maintaining his balance as he exited his car.
Testing would later reveal that Sarmiento had blood alcohol levels of 0.188 and 0.189 the morning of the crash, more than double Florida’s legal limit of 0.08. He would later tell investigators he felt a “bump” while driving, but had no idea that he hit Paul Donner.
Sarmiento, who was arrested on December 19, faces a variety of charges, including DUI causing death, leaving the scene of an accident, and driving without a valid license. At a December 20 hearing at the Palm Beach County Jail, Circuit Court Judge Kirk Volker set bail at $150,000
Proving a Wrongful Death Claim
Although families of Florida car accident victims cannot get their loved ones back, Florida state laws allows them to bring a claim against all responsible parties. The Florida Wrongful Death Act in Florida statutes section 768.16 allows families of accident victims to file civil charges against those responsible.
To prove liability, the following must be proven: the death was caused by that person’s wrongful act, negligence, or breach of contract. So, a wrongful death suit can only be brought if he deceased could have filed a lawsuit for the injuries he/she sustained, had he/she survived.
What Damages Can Be Recovered, and Who Can Recover Them?
The victim’s family may recover for loss of income, medical expenses, and mental pain and suffering. A surviving spouse can also recover for loss of companionship and protection. Children can receive damages for lost parental companionship, instruction, and guidance. If successful, any amount recovered through a Florida wrongful death case goes directly to the deceased’s next of kin.
Why File a Claim?
A wrongful death lawsuit can help a family deal with financial burdens as they navigate the grieving process. But, because they are extremely complex, families considering a claim should speak with an attorney who has experience negotiating and litigating wrongful death cases as soon as possible. Have questions about a possible case? The attorneys and legal staff at GOLDLAW are experienced, and have a successful record bringing wrongful death lawsuits on behalf of our clients. To receive a free consultation, call 561-222-2222 to discuss your situation!