Lakeland Car Accident Kills Two People By Moody Law | Personal Injury Attorneys on November 30, 2010

A car accident in Lakeland, Florida has resulted in the deaths of two people.  The accident happened at approximately 3:00 a.m..  This accident involved only a single car and happened between Schalamar Creek and Palmer Drive.  The accident forced the closing of U.S. Highway 92 from Reynolds Road to Old Dixie Highway.  This accident is still under investigation.

While this accident is still under investigation, passengers have a right to make claims against negligent drivers.  There are some other nuances to a situation such as this including whether ther passenger and the driver are family members as there is a family member exclusion in virtually every insurance policy.  Another nuance to this accident may be that of an unknown "phantom vehicle."  If this accident was caused by such a "phantom vehicle" that improperly passed the crashed vehicle and caused it to leave the roadway, the estates of the deceased may have a claim against any uninsured motorist (UM) carrier applicable to the accident.  Further, there is a $5,000 PIP/no-fault death benefit that should apply to the deceased in this accident.  This death benefit is paid regardless of fault from the PIP/no-fault carrier for the deceased rather than the policy covering the vehicle.  Sometimes this death benefit is from the same policy covering the vehicle and sometimes not depending on the circumstances.  There are also other circumstances where a person who owns and registers a vehicle but fails to carry insurance, and then that same person rides in another person's vehicle is killed.  In such an instance, there may not be a death benefit due to the fact that the person owned and registered a vehicle but failed to carry insurance required by law.  This result might seem unfair but there is a statutory penalty in Florida for failing to carry insurance required by law.  Whether this statutory penalty is the wisest and most efficient way to enforce Florida's insurance laws is a completely different question.  Notwithstanding, the statutory penalty for failing to carry required insurance is the current state of the law.  If you have been injured in a car accident or have lost a loved one in a car accident in Lakeland, Florida, please contact a Lakeland car accident lawyer for a free consultation of the rights and obligations surrounding the accident.  The Lakeland car accident lawyers of Moody Law make home and hospital visits upon request.

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Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

To schedule a free, no-obligation consultation, contact us online or call (863) 733-9090.

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