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Posts Tagged "Subaru"

Huge Palm Coast Crash, Multiple Kids Injured. Who Will Pay For Damages?

Posted by on Jan 16, 2015 in Motor vehicle accidents

Huge Palm Coast Crash, Multiple Kids Injured.  Who Will Pay For Damages?

Approximately twenty-five people were injured in a major T-bone collision that occurred on Whiteview Parkway at Ravenwood Drive in Palm Coast.  According to the clickorlando.com website, a Flagler County school bus carrying 42 students was headed to Buddy Taylor Middle School when a Mazda automobile suddenly showed up directly in front of the bus.  Apparently, the Mazda has been sitting at a stop sign when it was rear-ended by a Subaru at a high rate of speed.  The force of the impact was enough to propel the Mazda across the intersection and directly into the path of the bus. The impact was significant.  The bus driver was reported to initially be trapped in bus.  Several people, including some students and the drivers of both automobiles were taken by ambulance to the hospital.  The remainder of the injured were transported by another school bus to the hospital.  Most of the students were treated and released, however several students, and all three adults remained in the hospital through the following day – at least one in critical condition. It seems clear that the majority, if not all, of the fault for this accident lies with the driver of the Subaru who forced the Mazda into the intersection.  However, based upon the number of victims involved — somewhere in the neighborhood of 20 — and that nature of some of the reported injuries, it is unlikely that the driver of the Subaru will have adequate liability insurance to properly respond to all of the claims for damages that may be presented as the result of this negligence.  Unless the owner of the Subaru is independently wealthy, or just won the lottery, it is unlikely that anyone injured in this crash would benefit from pursuing the driver of the Subaru personally. This unfortunate incident is a perfect example of why everyone who drives or owns a vehicle in Florida should carry as much Uninsured/Underinsured Motorist coverage as part of their automobile insurance package.  In this Palm Coast accident, each of the children who were injured in this crash, and lived with a relative who carried Uninsured/Underinsured Motorist coverage, would have access to UM benefits if their injuries are considered permanent.  Without Uninsured/Underinsured Motorist coverage it is unlikely that any of the children will receive any kind of fair compensation for their injuries. Uninsured/Underinsured Motorist coverage is designed to be a substitute for the liability coverage that the negligent driver should have carried. Of course, it is our hope that all 25 people injured in the crash make speedy recoveries, and never need to access UM coverage.  However, it is great to have it just-in-case. If you have any questions regarding a Florida car accident, or how Florida Uninsured/Underinsured Motorist coverage works, please call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901.  Consultations are always...

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How Will Fault Be Divided In State Road 455 Truck Versus Car Crash? | Orlando Accident Attorney

Posted by on Oct 7, 2013 in Motor vehicle accidents

How Will Fault Be Divided In State Road 455 Truck Versus Car Crash? | Orlando Accident Attorney

Various Orlando media outlets have reported that the trailer of a semi truck carrying sand flipped over during a crash and crushed a Subaru being driven by a 36-year old Clermont woman. As an Orlando accident attorney, I thought that this accident might be a good one to use to discuss how comparative fault (also called comparative negligence) is handled in Florida car accident cases. According to the Orlando Sentinel, a young man driving a Honda Civic approached the intersection of State Road 455 and Buckhill Road from the south. At the same time, a tractor-trailer carrying sand was approaching the intersection from the east. Media reports indicate that, while in the process of veering left to try to avoid the Honda, the tractor-trailer actually impacted the Honda, causing the trailer of the semi truck to turn over right on top of a Suburu that was heading west on SR 455. The drivers of both the Subaru and the Honda were seriously injured and airlifted to Orlando Regional Medical Center. video platformvideo managementvideo solutionsvideo player It is easy to anticipate that the driver of the semi truck might try to blame the driver of the Honda for pulling past the stop bar, or for otherwise negligently entering the intersection. At the same time, both the driver of the Honda, and the driver of the Subaru will likely try to blame the truck driver for failing to keep his vehicle under control so as to avoid both collisions. In Florida, accident victims cannot collect damages that arise out of their own negligence. They can only collect the percentage of their damage attributable to someone else’s negligence. In this case, if the truck driver is found to be 50% at fault, the Honda driver suffered $100,000 in damages, the Honda driver would only be able to collect $50,000.  If the truck driver were found 25% responsible, then the Honda driver would only collect $25,000.   There are obviously other factors in play in any accident, but this is roughly how it works. It should be obvious that an extremely thorough investigation should be completed in cases where damages have been suffered but where liability might be disputed. If you have any questions involving a Florida car accident, and particularly one involving disputed liability, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901, or order a FREE copy of Kim ‘s book, Asleep At The Wheel: 13 Mistakes The Insurance Company Desperately Hopes You’ll Make After Your Florida Car Accident by clicking...

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