Posted On: January 7, 2010 by Baker Associates

Driver Plows into Restaurant and then Orders Breakfast

A ninety-two year-old man brought his own brand of drive-thru dining to a local restaurant in Port Orange, Florida on Wednesday. Investigators think that the man accidentally hit the gas instead of the brake while trying to park in front of the restaurant, sending his vehicle plowing through the restaurant wall and into a seating area that, luckily, had just been vacated by the customers who were sitting there. Not to be deterred from his primary mission, the ninety-two year-old driver (who apparently did not realize he had driven through the restaurant or perhaps just did not care) stepped out of the vehicle, went into the restaurant, and placed his breakfast order. The driver did inquire as to if anyone was hurt, and the fact that there was only one minor injury from the crash seemed to clear his conscience enough that he could enjoy his breakfast. He was cited for careless driving.

Accidents such as this one occasionally pop up in the local or national headlines, and, unfortunately, they sometimes result in one or more victims suffering serious injury or death. These accidents are frequently the result of negligent or careless driving, meaning the victims can often recover for their losses in a personal injury suit. For example, it is negligent for a person to drive when they know that they are not in a condition to do so. This can be caused by many different factors such as a disability, taking certain medications, being intoxicated, or physical or mental deterioration from old age. Tennessee law places a duty on every potential driver to recognize whether or not they are fit to drive before getting behind the wheel. Driving when one is not fit to do so can lead to situations such as the one detailed above, leaving the party at fault responsible for a substantial amount of damages.

It is also negligent to drive carelessly. If the man in the scenario above was a great driver most of the time but simply hit the gas instead of the brake, he could still be held responsible for the damage caused because his carelessness was the primary cause of the accident. Simply put, one should always be careful to distinguish between the gas and the brake before using either. Fortunately, no one at the restaurant was hurt in this situation, but if serious injury or death had occurred, the driver would more than likely be held responsible for any claims that arose from the accident, including medical expenses, loss of wages, and wrongful death.

Source: http://www.wesh.com/news/22157235/detail.html

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