Lakeland, FL — A young woman in a car was critically injured on Tuesday (December 3, 2013) after the driver was in an accident with a semi-truck in Lakeland on Saddle Creek Road. Police said that China Harris, 24, died on Wednesday at a local hospital, but the driver of her car fled the scene.

According to the Tampa Tribune, 23-year old Darrius “DJ” Austin was driving a car along Saddle Creek Road just before 1:00 a.m. on Tuesday morning with China Harris as a passenger. Police said that Austin crossed through Saddle Creek Road’s intersection with Fish Hatchery Road and was hit by a northbound semi-truck.

The accident critically injured Harris and Austin apparently fled the scene on foot.

After being taken to Lakeland Regional, Harris died on Wednesday and police were still searching for Austin at last update. It’s not clear who was at fault in the accident, but police said they’re still investigating the matter.

Scene of the Accident


Now, I wasn’t at the scene of the wreck, so I don’t want to imply that I know all the answers here. However, this fact pattern presents an unusual situation: Can an accident claim be mitigated by a criminal act, like fleeing the scene? Well, the answer is “yes” and “no.” It depends on whose claim we’re talking about. Consider a situation where Driver A hits Driver B and Driver A is at fault, but Driver B flees the scene. Because Drive B fled the scene, he may no longer have a claim against Driver A, even though he was at fault. But, on the other hand, a passenger in the car would obviously have no fault in the matter whatsoever. In that case, the passenger would still have a claim, even if the driver fled the scene. Generally speaking, intervening criminal acts will cut off liability, but many times, the passenger will have a claim regardless.


— Grossman Law Offices

Recent Comments to the Blog

Jason is back to work and is now playing Sled Hockey and wheelchair rugby!! Jason is the strongest and most amazing man! He may nly have 1/2 a leg, but that is ALL he is lacking!! Thanks to prayer and GOD and awsome first responders and Baylor doctors. Jason's wife, Sheila
— Sheila
I'm a former employee. I had brought up this exact scenario and suggested a maintenance procedure that would eliminate the possibility of this type injury. Obviously my warning went unheeded.
— Tophat
I was actually a couple cars back from this wreck, one of the first on the scene, and helped administer CPR on the victims. The truck driver was going way too fast, but it was actually his trailer that swung around and hit the suv, the semi-truck ended in the median.
— Leif Burton
I appreciate how you've commentated on this tragedy--informative, with questions, but not hurtful. I live within 30 mins of this crash site, and I am appalled at the entire situation :(. I can't even begin to understand what could have happened to make this come to fruition, but I will be keeping up with it so I can learn what investigations bring to light about how something awful like this could happen. Rest in peace, Thomas, Carolyn and Carolyn...
— Summer
I am Anthony Siffords daughter. im 13 and i miss my dad i just wanted everyone to know that he is in a better place now and i would to thank everyone for the support. i miss my dad but it was amazing to see how many people had been toughed by my dad god bless thanks for everything...
— Hannah Sifford
I am Rodney Palmer's sister-inlaw. I am amazed and grateful for all the heartfelt wishes and support for our family... It is difficult indeed to put our thoughts into words, but we very much appreciate your kind and helpful words at a time when these things mean so much. Losing someone as special as Rodney has been tough, but knowing the he has touched so many people's lives keeps my sister's strengthens our family.
— Maureen
A lot of people say smack about lawyers, but I want to say that I'm glad there is a way that people who are wronged by corporate neglect can get justice and force change. We are living in a world where corporations and govt care less than ever about common people, and I support your work. I hope I will never need your services.
— Martin Onasis
My friend Michael was the one who got hit by this train. This is the ONLY article I can find on it!! How is that possible? It happened almost 5 days ago! Thank you for actually caring about us "no name" people. I hope when more information comes in you will post it as soon as you can. Thank you again!! God bless you
— Leslie
Tony was the step Grant father and it's been hard for the whole family but we know he is in a better place now. It's nice to know that people are rasing awareness with my grandfathers story. Thanks, family and friends of Tony Wray.
— Mercedes Stanley
Thank you for posting these accident articles on your site. At the company that I work for, e deal with monitoring construction activity and work around trenches and all sorts of construction equipment/vehicles. I sometimes wonder if construction companies have enough safety training to inform employees of how to protect themselves while on the job.
— Erik Hofmann
I'd like to thank you for giving my cousin's death some type of recognition and letting our family know he is not a lost cause. Thank you <3
— Victoria

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