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Cyclist Struck and Killed by Lakeridge Winery

Chris Russo Nov 22, 2010

This accident involved an 84-year-old woman, Jessie Leiser, of Clermont, Florida, left the roadway and struck 53-year-old Harry Nickell, of Howey-in-the-Hills, Florida.  Nickell was going south on the paved shoulder of Highway 27 near Libby No. 3 Road at approximately 7:20 a.m. when he was struck by Leiser.  Nickell was taken to South Lake Hospital where he died.  Leiser struck the rear-end of the bicycle.  It is unknown why Leiser left the roadway.  Leiser's passenger, Charles Leiser, 85, sustained minor injuries from the accident.  This car accident is still under investigation.

This car accident involves discussion of a few components.  While it is not clear why Leiser left the roadway, almost any explanation except for an involuntary medical condition will likely result in a finding of negligence by a jury.  It is easy to jump to a conclusion that the age of the driver was a factor in the crash.  However, any driver can be distracted for a number of reasons.  This accident appears to be the result of negligence regardless of age as there is no indication that Nickell was doing anything improper.  Nickell's estate and survivors do have a claim against Leiser.  In addition, there should be a $5,000 PIP death benefit available to the family members from Nickell's own auto carrier.  Another component of this case is the injury to the passenger.  In virtually all insurance policies, there is a family member exclusion or exception.  This means that a passenger normally has a right to claim damages against the driver of a motor vehicle except when the driver is a family member.  Family member is usually defined within the policy itself.  Notwithstanding a family member exclusion or exception, this passenger should have PIP and/or medical payment coverage available as a result of this crash.

If you or a loved one has been involved in a car accident in the Central Florida area, you may need to speak with a Central Florida personal injury, wrongful death, or car accident lawyer.  A consultation with a Central Florida personal injury, wrongful death, or car accident lawyer is free.  Home and hospital visits are available upon request.

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