Super Lawyers Rising Stars
Top 100 Settlements, Motor Vehicle Accidents - 2019
America's Top 100 Attorneys
Million Dollar Advocates Forum
Miami Dade, Trial Lawyers Association
American Association for Justice

One Dead, One Injured in Fiery Crash on State Road 70 During Heavy Fog: Legal Options for Victims and Families

Michael T. Flanagan, Esq.

A devastating fiery crash on State Road 70 in Highlands County left one driver dead and another seriously injured on the morning of December 6, according to the Florida Highway Patrol (FHP). The collision occurred during dense fog and severely limited visibility, conditions that made the roadway especially hazardous.

Troopers report that the crash occurred when a driver attempted to pass a slower vehicle ahead of them despite extremely low-visibility fog. During the attempted pass:

  • The driver moved into the opposing lane
  • Visibility was significantly impaired due to dense morning fog
  • The vehicle collided head-on with an oncoming vehicle
  • Both vehicles immediately erupted into flames following the impact

Emergency crews responded quickly, but the driver of the oncoming vehicle died at the scene. The passing driver was rushed to a local hospital with serious injuries.

The Florida Highway Patrol continues to investigate the circumstances surrounding the crash.

Fog-related crashes are among the most dangerous traffic incidents because:

  • Drivers often underestimate how drastically fog reduces visibility
  • Passing maneuvers become significantly more dangerous
  • Vehicles may appear suddenly at close distances
  • High-speed rural roads like SR-70 leave little room for error
  • Reaction time is reduced for both drivers involved

When visibility is compromised, drivers are required under Florida law to operate their vehicles at a speed and manner appropriate for conditions, including refraining from unsafe passing or lane changes.

Even when weather plays a major role, driver decisions still matter, and liability may be established when a driver operates negligently despite dangerous conditions.

Potential negligence factors in this crash may include:

1. Attempting an Improper Pass

Under Florida Statute §316.087, drivers may pass only when the left side is clearly visible and free of oncoming traffic. In fog, this is nearly impossible to assess safely.

2. Failure to Use Reasonable Care in Hazardous Conditions

Florida law requires drivers to adjust speed and behavior during inclement weather, including fog, smoke, or rain.

3. Excessive Speed or Reduced Visual Sight Distance

If the driver attempted to pass while traveling too fast for conditions, they may be liable for resulting injuries or wrongful death.

Wrongful Death Claims for Families of Victims

When a loved one is killed due to another driver’s negligence, surviving family members may pursue compensation under the Florida Wrongful Death Act, including damages for:

  • Funeral and burial costs
  • Lost financial support
  • Loss of companionship and emotional suffering
  • Medical expenses incurred before death
  • Replacement of household and future services

Fog does not excuse negligence. If a driver makes an unsafe passing decision that results in fatal consequences, families deserve answers and accountability.

Injury Claims for Survivors of the Crash

The injured driver may also have a claim depending on the findings of the investigation, including compensation for:

  • Medical treatment and future care
  • Lost income
  • Permanent disability
  • Pain and suffering
  • Scarring or disfigurement
  • Emotional trauma

Because burn injuries and collision-impact injuries can worsen over time, early medical documentation is crucial.

Evidence in fog-related crashes can be quickly lost or disputed. Our team can immediately:

  • Obtain the FHP traffic homicide report
  • Preserve photographs, debris patterns, and scene measurements
  • Analyze weather data and visibility conditions
  • Review 911 calls and witness statements
  • Reconstruct the crash and evaluate impact dynamics
  • Identify all available insurance coverage

Trucking companies, insurers, and defense counsel move fast to minimize liability — victims should have someone fighting just as aggressively for their rights.

Our firm intentionally maintains a small caseload, giving families and survivors the direct attorney access they deserve. We take on serious, complex cases that many other firms reject — and we win them.

Crash victims and their families deserve clear answers, justice, and support. If your family was impacted by this tragic collision on State Road 70, contact us to discuss your legal options in a free and confidential consultation.

📞 Schedule a consultation today. We serve clients in Highlands County, Central Florida, and statewide.

Client Reviews

When faced with the repercussions of a personal injury, choosing the right lawyer for the work ahead is absolutely imperative. When this daunting task fell upon me following a motor vehicle accident, obtaining attorney Zachary Bodenheimer was the BEST decision...

Josh N.

Thank you all for your efforts, often in today's world, it seems everything is about money and people don't seem to care about others. I felt that this was not the case with you and I felt always that you had my best interests at heart and looked out for me...

A.S

Michael Flanagan and his team were so supportive while handling my case. What I appreciated the most about working with Michael was his honesty and his no nonsense approach at getting the very best for his clients. I'm so pleased with how my case was resolved...

Talia M.

When It Counts

Fill out the contact form or call us at 305-638-4143 to schedule your free consultation.

Free Case Review Schedule Your Appointment Today

By providing your phone number, you agree to receive text messages from Flanagan & Bodenheimer. Message and data rates may apply. Message frequency varies.