The family of Eyder Ayala is suing University of Miami college student Ivanna Villanueva for Miami-Dade wrongful death. Ayala, 68 was killed on Sunday when the vehicle she was riding was rear-ended by the vehicle driven by Villanueva, 19.
Police say they believe that the University of Miami college student may have beeb under the influence of alcohol at the time. They say that she appears to have been driving at a high speed. According to CBSLocal.com, the impact of the crash was so severe that the trunk Ayala’s vehicle ended up in the front seat. She died at the Coral Gables car accident site.
Toxicology results are still pending, so it is not known at this time whether Villanueva will be charged with DUI. She is, however, charged with reckless driving and vehicular homicide. Meantime, Villanueva is out on bond and is under house arrest.
In their Miami-Dade car accident complaint, the plaintiffs are accusing Villanueva of negligence, “extreme recklessness” and “wanton disregard” for another’s life. Villanueva’s father Luis Villanueva, is also a defendant. Ayala’s family is holding him liable for his daughter’s actions. The plaintiffs are suing them for millions of dollars.
Villanueva is accused of using fake identification to get into Club Liv at the Fountainebleau Hotel. The plaintiffs’ attorney says any establishments that illegally served Villanueva alcohol could also end up as defendants in this Coral Gables wrongful death lawsuit. Under Florida’s Dram Shop Act, bars and other establishments that serve or provide alcohol to people under the age of 21 that become drunk can be held liable for any Miami-Dade personal injuries or wrongful deaths that occur as a result.
Miami-Dade Car Accidents
As with any Coral Gables car crash where another party caused your injuries, it is always a good idea to consult with an experienced Miami-Dade personal injury law firm. There may be more than one party who should be held liable. Your injuries also may be more severe than you originally thought, and a good Coral Gables injury lawyer can help you assess all of this. If you’ve lost someone you love in a Miami car crash, suing for damages won’t make up for that, but it can help for you to be able to hold those responsible for the Miami-Dade wrongful death accountable.
Lawsuit Filed Against UM Student, Father For Fatal Accident, CBS Local, October 5, 2011
Family of loved one killed in crash files lawsuit, WSVN, October 5, 2011
Related Web Resources:
MADD- Drunk Driving
Florida Dram Shop Act, Justia
More Blog Posts:
Decline in Florida Motor Vehicle Crashes Reported, South Florida Injury Lawyer Blog, September 29, 2011
Widow Sues Port St. Lucie Police Sergeant for Palm City Motorcycle Accident Death, South Florida Injury Lawyer Blog, July 22, 2011
Man Files Miami Car Accident Lawsuit Against Ex-NBA Heat Player Alonzo Mourning, South Florida Injury Lawyer Blog, July 20, 2011