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Orlando, FL asked in Car Accidents, Wrongful Death, Civil Rights and Personal Injury for Florida

Q: Seeking justice for wrongful death due to police department negligence with DUI laws.

My 22-year-old stepdaughter died in a car crash in Central Florida last April. She had previously been involved in a DUI incident, where she refused a breathalyzer, but was released on her own recognizance without immediate license suspension. Despite this, she was able to legally buy and register a new vehicle a week before her first court date. She then died driving on the highway. I believe this tragedy could have been prevented if basic laws were enforced properly. Additionally, the local police department has a history of officer training and management issues. No legal actions have been initiated yet as I am seeking justice and change only now. How can I pursue wrongful death charges or motivate change within this police department?

2 Lawyer Answers

A: In Florida, a stepfather may not automatically qualify to sue for wrongful death unless he was legally recognized as the child's parent or financially dependent on her. The claim must be filed by the personal representative of the deceased's estate on behalf of eligible survivors.

James L. Arrasmith
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Answered

A: I’m so sorry for your loss. Losing someone so young and full of life is devastating enough, but when you believe it could have been prevented, the pain cuts even deeper. You're not wrong to question why basic safety laws and procedures weren’t followed, and your voice deserves to be heard.

To explore a wrongful death lawsuit, you’d need to show that negligence by the police department or another public agency directly contributed to her death. This isn’t easy when it involves law enforcement, but if their failure to follow DUI procedures allowed her to stay on the road unlawfully, it may be worth investigating further. An attorney can help review public records, arrest logs, and the department’s handling of similar cases to see if a pattern of negligence exists. Your stepdaughter’s history and the way her case was handled may reveal a breakdown in how DUI laws were enforced.

Beyond legal action, you can file a formal complaint with the internal affairs division or the city or county oversight board. Demand transparency and policy reviews. You may also consider speaking publicly, organizing petitions, or working with local advocacy groups to demand better training and enforcement. Pushing for accountability and change doesn’t just honor your stepdaughter—it might help save another life down the road. You’re not asking for revenge, just justice and reform.

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