The father of a 15-year-old boy who is accused of killing three children and a woman in a high-speed crash now faces felony charges for allowing the unlicensed teen take his car, according to reporting from the Miami Herald.
Richard Ferguson, 68, was charged Thursday with four counts of vehicular manslaughter in connection with the 2023 fatal crash. This is a second-degree felony that, if convicted, could carry up to 15 years in prison and/or up to $10,000 in fines.
The State Attorney’s Office also issued an arrest warrant for the teen, though it was not immediately clear whether or not he had been arrested as of Friday morning. He has yet to be named by authorities.
In September of 2023, Feguson’s son was meant to borrow his father’s car, a Chevy Impala, to run an errand with three friends. The group was meant to run the errand and return home immediately but didn’t. Instead, they took a detour to another home and a basketball court. When behind the wheel, police said Ferguson’s son went 76 and 83 mph in a 30-mph zone. He then ran a stop sign and T-boned a Honda HR-V with a family of five inside, resulting in the SUV hitting a pole and turning onto one side.
The teen did not have a driving permit at the time of the crash, according to local media reporting.
Ferguson’s car skidded off the road and stopped in a ditch. The teen driver allegedly did not stop or swerve to avoid the crash, according to reporting from the Herald.
Killed were a grandmother, 50, and three grandchildren. The grandchildren were 11, 9 and 1 years old. Also in the car was the children’s grandfather, who was transported to the hospital in serious condition.
Ferguson was still in custody at the Osceola County jail Friday.
Leesfield & Partners
Operating with a hub in Miami, a city that is among some of the fastest-growing in the country, Leesfield & Partners knows how often crashes can occur. The law firm’s office faces U.S. 1, one of the city’s major highways which is often bogged down by traffic at any given time of day. Crashes that inflate that traffic congestion are nothing new. While these crashes are mostly minor, many of them have long-lasting and permanent consequences for all involved. In 48 years of personal injury practice, the firm has litigated countless motor vehicle accident cases and has secured multiple record verdicts and settlements on behalf of injured clients and grieving families.
In one landmark verdict secured by the firm, Leesfield & Partners represented the parents of a young woman who was killed in a crash by a drunk driver and her younger brother who was left with permanent injuries. The drunk driver in that case was speeding down the wrong side of I-95 after being overserved at a popular Miami bar. The girl was on her way to the airport, being dropped off by her family, so that she could attend her medical school’s orientation. She was 23 years old.
Her brother, 21, suffered brain and orthopedic injuries as the result of the crash that left him unable to speak, needing a wheelchair and round-the-clock care.
The verdict in that case was an over $95 million recovery for the family, $57 million of which would go to the son and $38 million to the parents. This was the largest verdict in motor vehicle accident history in the 11th Judicial Circuit of Florida, and the fourth-largest statewide.
In a wrongful death case stemming from a motor vehicle accident, the firm secured over $36.9 million for the family of a minor who was hit by a car. This case was handled by Partner Justin B. Shapiro and is among the largest pedestrian accident verdicts in Florida.
Another significant verdict obtained by Leesfield & Partners involves a backseat passenger who was stopped at a drawbridge when the car was hit from behind by a drunk driver who was attempting to evade police. As a result of the impact, our client suffered permanent brain injuries and developed a seizure disorder.
The verdict in that case was $15.4 million.
Distracted Driving Liability
Crashes can occur for a myriad of reasons – texting while driving, other distractions, driving while drunk, or simple inexperience. The damage from these crashes can be anything from a minor fender bender to permanent injuries and fatalities. With the stakes so high, it is important to remember the responsibility drivers bear while behind the wheel. The firm’s Founder and Managing Partner, Ira Leesfield, has historically spoken out about the devastating effects of distracted driving in essays, articles and speaking engagements.
In an OP-ED which appeared in the Miami Herald, Mr. Leesfield discussed the prevalent hazards associated with distracted driving and pointed out the “costly business risk” that commercial drivers and other employees can present.
“Today’s technological age means people can work anywhere, anytime, but this convenience comes with a price for business owners: distracted drivers who hurt or kill someone expose their employer to potential liabilities for their mistake,” Mr. Leesfield said in the article.
If an employee injures another person while on the job or because they were using a cell phone to conduct business while driving, their employer may be liable for damages under two theories of liability.
The first consideration is “respondeat superior,” a legal doctrine holding employers accountable for the negligent acts of their employees if those actions were committed within the scope of their employment. This is a form of vicarious liability. Additionally, employees could be seen as directly negligent for their employees’ actions. This is because an employer has a responsibility to ensure the safety of the public when employees are acting within the course and scope of their employment. If the employer knew, or should have known, that employees were driving while using their cellphones for work-related purposes and did not intervene, they could be held liable.
These theories could also apply if the employee drives recklessly. If this happens, the employer might not be held accountable under “respondeat superior” in cases where the employee was off the clock or engaging in personal activities unrelated to work at the time of the crash. However, this employer could still be seen as directly negligent is they failed to address the issue of unsafe driving by their employees while on the job.
Leesfield & Partners Cases
Previously, Leesfield & Partners handled a case involving a truck company who employee was responsible for a tragic crash that injured two girls and killed one other. The three girls were on their way to the library when the commercial truck driver made an illegal U-turn on the turnpike, turning directly into the girls’ path. The result was a horrific crash.
Leesfield & partners obtained an over $8.6 million settlement and a wrongful death arbitration award
The firm also obtained an $8 million recovery against a company in a fatal motor vehicle crash.
A case involving another trucking company whose employee was in a crash that injured two Leesfield & Partners clients, the firm secured a $5 million recovery.
A $2.8 million recovery was obtained in a suit against a trucking company for a client injured by a commercial truck driver.
A motorcycle crash that involved the injury of our client due to the actions of a trucking company employee resulted in the firm obtaining a $2 million recovery for our injured client.
The firm also obtained a $1.8 million recovery for the family of a client who was killed in a tragic crash due to the negligence of a trucking company’s employee.
An ongoing case being handled by Carlos A. Fabano, a Trial Attorney at the firm, that is similar to those mentioned above involves a pedestrian who was hit by the speeding employee of a Florida car dealership. Our client was crossing the street at an intersection around 3 a.m. when a car dealership’s employee hit him. Not only was the employee speeding at the time of the crash, but he also had the car’s headlights turned off.
Our client’s injuries were so severe that doctors determined he had to undergo a below-the-knee amputation of his right knee, a life-altering injury.