Moody Law

Two People Injured in Accident Striking Pole

Dec 14, 2010 @ 08:28 AM — by Moody Law | Personal Injury Attorneys
Tagged with: Tampa Car Accident Injures

Two people were injured in a car accident where the driver struck a power pole in Tampa, Florida.  One man, still unidentified, was critically injured while a passenger was seriously injured.  The accident happened at approximately 1:00 a.m. on West Busch Boulevard and Armenia Avenue in Tampa.  The driver of a black 2003 Mitsubishi Mirage was going eastbound on Busch Boulevard when he lost control of the vehicle and hit a power pole on the east side of the road.  The pole cut the car in half and trapped the driver inside.  Tampa Fire and Rescue removed the driver from the car.  Live electrical wires fell to the ground and started a fire.  Electric has been restored and lanes were closed for several hours.  Speed or alcohol factors are not known at this time.  This car accident is still under investigation.

In Florida, the passenger has a right to sue the driver for negligence.  Drivers have a duty to operate their vehicles in a reasonably safe manner so as to prevent injury to others, including their passengers.  What is sad about this case is that it is likely two young men who knew each other and the driver very likely has limited insurance for such severe injuries.  In these circumstances, a Central Florida personal injury or car accident lawyer can help the injured passenger determine the priority of medical bills and liens as well as negotiate with the providers or lienholders so that the injured person gets a portion of the insurance proceeds.  Florida law supports this notion with the idea that all personal injury settlements and judgments are subject to equitable apportionment.  In equitable apportionment, the lawyer files a lawsuit directly against the respective medical providers on behalf of the injured plaintiff seeking declaratory relief.  There are a number of statutory factors, including the level of cooperation of the medical provider or lienholder in negotiating with the plaintiff's attorney, to determine who should get what out of the limited insurance proceeds.  Normally, medical providers are not willing to hire an attorney to defend such an action and they realize the benefits of cooperating rather than being greedy.  If you or a loved one has been injured in a car accident in the greater Central Florida area, please contact a Central Florida car accident lawyer for free legal advice regarding the facts and circumstances of your case.  A consultation with a Central Florida car accident lawyer is free.