I just read the latest (and perhaps final) development in the case of a Winter Park college student who was killed in a horrible crash on State Road 436 that I blogged about last year.
Back in September 2010, all that was known was that Anthony Robinson drove his pickup truck into a Hyundai carrying 19-year old Morgan Crofton and some of her friends. Ms. Crofton tragically died in the crash.
Since that time, an investigation has revealed that Mr. Robinson had a history of having epileptic seizures, had had a seizure shortly before the crash, and was attempting to drive himself home without taking any seizure medication. The State Attorney’s office has decided not to charge Mr. Robinson with a crime.
Despite the fact that no criminal charges will be brought, this does not mean that Mr. Robinson will necessarily escape justice. Mr. Robinson can still be held civilly responsible for the harm he has caused.
This highlights the difference between the burden of proof in criminal versus civil cases. In order to make a criminal case against Mr. Robinson, the State Attorney would have had to prove that Mr. Robinsion essentially intended to kill Ms. Crofton, or that he demonstrated a willful disregard for the safety of others beyond any reasonable doubt.
On the other hand, in a civil case, as an Orlando accident attorney, I know that Mr. Robinson can be held 100% responsible for the harms he caused if it could be proven that it is more likely than not that he was negligent by deciding to drive after he knew that he had suffered a seizure.
Even though it appears that Mr. Robinson won’t be going to jail, I am going to keep my fingers crossed that he carried plenty of bodily injury liability insurance, or had sufficient personal assets, to provide some justice to the Crofton family for the tragic wrongful death of their daughter.
If you have questions about serious Florida car accidents, call Winter Park personal injury attorney Kim Cullen at 407-644-4444, or order a FREE copy of Kim’s book, Asleep At The Wheel.