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Pickup Runs Over and Kills 2-Year-Old

Chris Russo Oct 26, 2010

A 2-year-old died from injuries arising from an incident involving the child's mother's boyfriend.  The article posted in the Orlando Sentinel claims that the child darted out in front of the pickup truck as the child's mother's boyfriend was leaving.  The accident occurred at approximately 7:30 p.m. on Buckhill Road at County Road 455 near Clermont, Florida.  The mother's boyfriend, Jose Baizabal, 26, of Clermont, Florida, had been helping the child's mother move her belongings and was apparently unaware that the child was outside the home.  The child died at South Lake Hospital.

While this incident was undoubtedly an accident, I would suggest that accidents such as these do not happen but for some negligence on the part of the driver of a motor vehicle.  Motor vehicles in Florida are considered dangerous instrumentalities because of the risk of injury or death that is commonly known to occur with their use.  It is truly a shame that a young child was lost in this incident and I am certain that the boyfriend feels terrible, but the mother has suffered the wrongful death of her child and would be entitled to compensation under the law for her loss from the boyfriend's automobile insurer.  There is also a $5,000 PIP death benefit that should be payable to the mother from her own automobile policy if the mother owns and insures a vehicle.  Otherwise, the boyfriend's insurance policy should pay the death benefit.  This is a case that the mother should seek legal counsel from a Central Florida personal injury, car accident, or wrongful death lawyer for answers to legal questions.  Moody Law represents persons who have been injured or suffered the loss of a loved one in personal injury cases, car accident cases, and wrongful death cases in the greater Central Florida area to include Lakeland, Winter Haven, Bartow, Haines City, Davenport, and all of Polk County, Florida.  We also handle selected cases on a statewide basis.  A consultation with a personal injury, car accident, or wrongful death lawyer is free.

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