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Posts Tagged "uninsured"

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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Punitive Damages Appropriate For Drunk Driving Texting?

Posted by on Jan 12, 2015 in Motor vehicle accidents, Uncategorized

Punitive Damages Appropriate For Drunk Driving Texting?

As a frequent blogger on legal issues over the last several years, I spend a lot of time looking for stories and thinking of ways that I can can blog about topics that will be instructive to people (and particularly Floridians) who are in need of information relative to Florida personal injury law.  Along these lines, I read a harrowing article in the New York Times that seems like a perfect illustration of a case where punitive damages should be available, and should be sought in a personal injury case. In the case at issue, an avid bicyclist (who, ironically, was also an outspoken bicycle safety advocate) from the Baltimore, Maryland area, was hit and killed by a car being driven by a prominent Bishop in the Maryland Episcopal Diocese. According to police, the Bishop was legally intoxicated at the time of the crash, and was also texting.  In addition, the Bishop reportedly left the scene of the crash, and the bicyclist in the road, while she drove home and called one of her church colleagues to help her.  Needless to say, the Bishop made several outrageous errors in judgment that lead to the death of the bicyclist. It has been the law in Florida for a long time that punitive damages can be sought in any case involving drunk driving.  Courts have decided that drunk driving is such a scourge in society that anyone who does it and causes injuries needs to be punished over-and-above adequately compensating the injured victim. The law in Florida is a little less settled when it comes to punishing drivers who injure someone while they are texting, although recent trends suggest that texting while driving should be cause for punitive damages. However, when those two clearly dangerous and life-threatening driving behaviors are combined, it would seem appropriate to levy some kind of extra punitive damages — if such a thing were possible. There is nothing more dangerous that I can think of than for a drunk person to drive and text at the same time.  Catastrophic results are almost guaranteed to happen. (As an additional aggravating factor in the Baltimore case, it appears that the Bishop had recently been charged in another case with driving under the influence.  This, of course, suggests that the Bishop has a drinking problem and perhaps should not have been on the road.) I certainly do not know whether a civil claim for wrongful death was, or has been, brought against the Bishop on behalf of the Estate and survivors of the deceased bicyclist.  I certainly hope that one has, and that the Bishop’s insurance company has adequately compensated the family of the deceased.  For the sake of the surviving family, I also hope that the bicyclist carried plenty of Uninsured/Underinsured motorist coverage.  Many people do not realize that this type of coverage can be used to compensate...

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Grizzly Hiawassee Accident Reminds Us How Critical Uninsured Motorist Coverage Is | Orlando Accident Attorney

Posted by on Sep 23, 2013 in Uncategorized

Grizzly Hiawassee Accident Reminds Us How Critical Uninsured Motorist Coverage Is | Orlando Accident Attorney

When I saw this video from Orlando’s Fox 35 News, I knew I needed to share it on this blog. FOX 35 News Orlando There is no doubt that when the driver of the green 2001 Ford turned on to Hiawassee Road and began heading north, the driver had no idea that there would be stolen car careening southbound on Hiawassee Road, barely under control.  The head-on collision that happened next, at the corner of Hiawassee Road and Clarcona-Ocoee Road, will likely change the Ford driver’s life forever. The damage to the cars depicted in the video is obvious.  The driver of the Ford was airlifted to Orlando Health Hospital with very serious injuries. The driver who caused the accident in the stolen Buick — is a teenager.  Because the vehicle was stolen, it is almost a certainty that there will be no liability insurance that will apply to this accident in order to satisfy the Ford driver’s damages — which will undoubtedly include thousands and thousands of dollars in medical expenses. As an Orlando accident attorney, this case highlights to me the importance of carrying Uninsured Motorist benefits as part of an auto insurance package.  If the driver of the Ford carried Uninsured Motorist coverage, that coverage will “step into the shoes” of the teenage who caused this wreck, and will provide benefits to the injured Ford driver for medical expenses, lost wages, and pain and suffering. Without Uninsured Motorist coverage, the driver of the Ford will likely recover nothing.  This is why we constantly urge people to make sure they buy Uninsured Motorist coverage, and buy as much as they can afford.  In today’s world, you just never know when an irresponsible person is going to do something to put you at risk. If you have any questions about Florida Uninsured Motorist coverage, or whether you have a legitimate Uninsured Motorist claim, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill.  Consultations are always 100% free-of-charge.  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 here....

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