Brian Pacheco Sanchez, a 21 year old pedestrian who was watching a street race was struck and killed by Joey Busque, a Orange County Deputy.
Sanchez had been standing in the median about 3:08 a.m. when he walked into the left front side of the deputy’s cruiser, and was thrown onto the windshield. The Deputy was traveling westbound in the inside lane of the 3800 block of Wetherbee Road near Sawgrass Plantation Boulevard.
The deputy in the cruiser was not using lights or sirens.
Street racing has been the cause of several deaths in Central Florida in recent years. The well-organized racing groups and events, which move from location to location in order to avoid law enforcement, can draw hundreds of spectators from throughout the state.
The races are always dangerous — and illegal — for both participants and spectators.
Claims for negligence or in this case wrongful death against the state, and its agencies and subdivisions are governed by Florida Statute 768.28.
Under the current statute claims against the state are limited to $100,000 per person. This limit will stay in effect until October 1, 2011. Thereafter the limit will be raised to $200,000.
As a Personal injury lawyer in the State of Florida, it has been very difficult to bring cases against the state because of this $100,000 limit. To that end, the state or county would vigorously defend any and all lawsuits-knowing the worst potential outcome would be $100,000. I am hopeful that the new limit will increase accountability, and cases that could and should be settled-will.
Mark Kaire has been practicing law in Miami for nearly 15 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for 4 years.