As Florida Attorneys we are always saddened when we hear of a family suffering the wrongful death of a loved one due to the carelessness of police officers. Today, a 23 year-old wife and mother of three died in a car accident when her car was hit by a Miami-Dade Police Officer who claimed to be following a speeding car.
The car accident occurred in Miami in the vicinity of N.W. 103rd Street close to I-95, while police were "following" a vehicle earlier seen driving at close to 100 miles per hour. The police cruiser, which was driving without any overhead lights or sirens engaged, went through an intersection slamming into the seat-belted victim. Police claim, that despite following the speeding vehicle for more than 11 blocks, they were not in pursuit, so that, as they claim, the did not have to have their lights and sirens on.
Considering the protection afforded police departments in Florida, we are disappointed that this family will be limited to the minimal recovery provided under Florida's sovereign immunity, that is, unless the Florida Legislature enacts a claims bill.