Funeral Home Litigation
When a hearse, funeral van, or procession vehicle causes a crash
Funeral homes and removal services put vehicles on Florida roads every day: hearses, limousines, vans, and escort vehicles leading processions. When one of them causes a crash, the people hurt have the same rights as in any other crash, and a few special rules apply.
Florida's funeral procession law
- Right-of-way. Drivers and pedestrians must yield to vehicles in a funeral procession led by a funeral escort vehicle or funeral lead vehicle, and once the lead vehicle lawfully enters an intersection, the rest of the procession may follow through it (§ 316.1974(3)(a)–(b), Fla. Stat.).
- Limits on that right. Procession drivers must yield to an approaching emergency vehicle giving a signal, must yield when a police officer directs, and "must exercise due care when participating in a funeral procession" (§ 316.1974(3)(c)).
- Lights and spacing. Procession vehicles must have headlights and taillights on and follow as closely as is practical and safe (§ 316.1974(4)). Escort and lead vehicles other than police vehicles must show an amber or purple light (§ 316.1974(2)).
- Funeral home liability for people in the procession. For someone in the procession, liability is not imposed on the funeral director or funeral establishment unless the harm was proximately caused by the negligent or intentional act of its employee or agent. A funeral home that follows the procession law is presumed to have acted with reasonable care (§ 316.1974(5)(a)–(b)).
What the law may provide
A crash caused by careless driving is a negligence claim, the same as any other crash. Depending on the facts, the driver, the company that employed the driver, and the vehicle's owner may each be responsible.
When a crash takes a life, Florida's Wrongful Death Act applies. The claim is brought by the personal representative of the estate for the benefit of the survivors and the estate (§ 768.20). Depending on who the survivors are, the law allows recovery for things such as lost support and services, the loss of a spouse's or parent's companionship and guidance, mental pain and suffering, and medical or funeral expenses (§ 768.21).
Florida uses modified comparative fault. If you share some of the blame, your award is reduced by your percentage of fault. If you are found more than 50 percent at fault for your own harm, you recover nothing (§ 768.81(6)).
What to keep and request
- The crash report number and the names of the officers.
- Photos of the scene, the vehicles, and any company name or vehicle number.
- Names and phone numbers of witnesses.
- Your medical records and bills from the start.
- Any letters or calls from an insurance company. Do not give a recorded statement before talking to a lawyer.
The deadline
Two years. Florida law gives a negligence claim two years (§ 95.11(5)(a)), and a wrongful death claim two years (§ 95.11(5)(e)). Some claims may carry a longer period, but no family should bet on that. We treat two years from the day of the crash as the deadline, and you should too.
What to do first
Get medical care, keep every record, and write down what you remember while it is fresh. Do not sign anything from an insurer. For more on crash claims, see our car crash page.
Questions families ask
Does a funeral procession always have the right-of-way?
No. The law defines a funeral procession as traveling in daylight hours, the right-of-way applies only to a procession led by a funeral escort or lead vehicle, and procession drivers must still yield to emergency vehicles and police directions and must exercise due care.
Is the funeral home responsible for its driver?
Often an employer can be held responsible for an employee driving on the job, but it depends on the facts, including who employed the driver and who owned the vehicle. We sort that out early.
I was driving in the procession and was hit. Who is responsible?
Usually the driver who caused the crash. Florida law limits a funeral home's liability to people in the procession unless its own employee or agent caused the harm through a negligent or intentional act.
Who brings the claim if someone died?
The personal representative of the estate brings one claim for the survivors and the estate. Florida law defines who the survivors are.
Talk to Dennis
When you are ready, call or send a WhatsApp message, in English or Spanish. The office answers 24 hours.
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