On County Road 39 near Old Hopewell Road in Plant City, Hillsborough County, a DUI crash tragically killed a 5-month-old infant. The driver, under the influence of marijuana, crossed the center line and collided head-on with another vehicle.
What Happened: Fatal DUI on County Road 39
The crash occurred in Plant City on County Road 39 near Old Hopewell Road. Arturo Antonio Higuera Guerrero was behind the wheel and under the influence of marijuana. Tragically, his 5-month-old daughter, Olivia, who was improperly secured in a forward-facing car seat, lost her life in the crash. The collision involved another vehicle, and emergency responders were on the scene immediately. According to the ABC Action News, Olivia's mother, Audrey Cunningham, expressed profound grief and anger as she awaits the sentencing of Higuera Guerrero.
Who Is Liable for This Crash?
Driver Negligence
Arturo Antonio Higuera Guerrero's actions are central to establishing liability. His decision to drive under the influence of marijuana constitutes driver negligence, a key factor in this crash. The improper securing of the infant car seat further underscores this negligence.
Dram Shop Liability
If Higuera Guerrero consumed marijuana at a commercial establishment, the establishment could potentially be held liable under Florida's dram shop laws.
Your Legal Rights Under Florida Law
In Florida, the wrongful death of a loved one due to negligence is addressed under Fla. Stat. § 768.19. This statute entitles families to pursue compensation for losses. Additionally, personal injury protection (PIP) is required under Fla. Stat. § 627.736, and modified comparative negligence is addressed under Fla. Stat. § 768.81, which can affect the recovery if more than 50% fault is assigned to the victim.
What Compensation Can You Recover?
Victims and families may be entitled to various forms of compensation, including medical expenses, lost wages, and pain and suffering. In wrongful death cases, compensation can also cover funeral costs and loss of companionship.
| Damage Type | Typical Range | Notes |
|---|---|---|
| Medical bills and future care | $150000 to $500000 | Emergency, surgery, rehab, ongoing treatment |
| Lost wages and earning capacity | $50000 to $200000 | Past and future income loss |
| Pain and suffering | $200000 to $1000000 | Physical pain, emotional distress, trauma |
| Wrongful death damages | $500000 to $3000000 or more | Funeral costs, loss of companionship, financial support |
Critical Deadlines - Do Not Wait
Time is of the essence. Black boxes from vehicles can overwrite data within 30 days, and surveillance footage from nearby businesses and traffic cameras is typically deleted within 60 to 90 days. Witnesses' memories fade, and insurance companies begin their defense immediately.
Legal Theories That Apply to This Crash
Negligence is the primary legal theory applicable here, given the DUI and improper child seat installation. Wrongful death claims are supported by Fla. Stat. § 768.19, allowing families to seek damages.
7 Immediate Steps to Protect Your Rights
- Seek medical care immediately - Even if you feel fine, delayed injuries are common, and gaps in treatment can harm your claim.
- Obtain the FHP crash report number - Request the full report for your records and future legal proceedings.
- Photograph everything at the scene - Capture road markings, skid marks, vehicle positions, and injuries for evidence.
- Do not speak to the at-fault driver's insurance company without an attorney - Anything you say can be used to reduce your claim.
- Preserve your vehicle - Do not authorize any repairs until an accident reconstructionist or attorney inspects it.
- Save every receipt, medical record, bill, and correspondence related to the crash - Documentation is crucial for your claim.
- Contact a personal injury attorney immediately - Your deadline is July 24 2028, and early action protects critical evidence.
Frequently Asked Questions
Can I sue after a DUI crash in Plant City Florida?
Yes, if you or a loved one were injured or killed in a DUI crash, you may have grounds to file a lawsuit against the at-fault driver. Consulting with a personal injury attorney can help you understand your legal options and the potential for compensation.
How much is a Plant City car accident settlement worth in 2026?
The value of a car accident settlement can vary widely based on factors such as the severity of injuries, the degree of negligence involved, and available insurance coverage. Settlements can range from tens of thousands to millions of dollars.
What if the at-fault driver had no insurance in Florida?
If the at-fault driver is uninsured, you may still recover damages through your own uninsured motorist coverage, if available, or by pursuing a personal injury lawsuit for the recovery of damages.
How long does a Florida wrongful death lawsuit take?
Wrongful death lawsuits in Florida can take anywhere from several months to several years, depending on the complexity of the case, court schedules, and negotiation processes with insurance companies.
What is the statute of limitations for car accidents in Florida?
The statute of limitations for filing a car accident lawsuit in Florida is two years from the date of the accident under Fla. Stat. section 95.11. It's crucial to file within this time frame to preserve your right to compensation.
Should I accept the insurance company's first settlement offer?
No, typically, the first settlement offer from an insurance company is lower than what may be fair. Consult with an attorney to evaluate the offer and negotiate for a more appropriate settlement.
Does Florida have a cap on damages in car accident cases?
Florida does not impose a cap on economic damages, such as medical expenses, but there may be limits on non-economic damages, such as pain and suffering, depending on the case specifics.
What is comparative negligence and how does it affect my Florida car accident case?
Comparative negligence in Florida means your compensation can be reduced by your percentage of fault. If you are found to be more than 50% at fault, you may be barred from recovering damages.
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