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Two Dead in Central Florida Car Accident

Chris Russo Jan 6, 2011

Palm Bay, Florida.  This accident resulted in the deaths of two people and a dog as well as injuring at least four other people.  An accident on Interstate-95 at approximately 9:50 p.m. on Wednesday occurred when an Infinity was struck in the rear-end and pushed 760 feet beneath a semi-truck.  The people in that car and their dog were killed.  Another vehicle was severely damaged and were taken to a hospital.  Other injuries included a construction worker who was struck trying to get out of the way.

This accident likely happened as traffic slowed or stopped in a construction zone and the semi-truck failed to pay attention.  This is truly a tragedy that the people in the Infinity died as a result of a semi-truck driver not paying attention to the roadway with a vehicle that weighs so much.  In addition to a PIP/No-fault death benefit from the policy on the Infinity, the semi-truck involved likely has a large liability insurance policy.  There are considerations as to whether this semi-truck was traveling purely intrastate and subject only to Florida insurance laws or whether the semi-truck was traveling in interstate commerce and would trigger Federal Motor Carrier Statutes.  Ideally, the survivors of the deceased should hire someone to go out to the accident scene in an attempt to preserve any evidence that the police did not.  In addition, the survivors will need to open probates in order to have the legal authority to bring claims against the semi-truck driver and/or the trucking company that employed him.  Even if the insurance company sends a check to the survivors, the survivors will still need a probate in order to cash that check.  One of the other areas of concern that I have in this accident is that even if there is a $1 million single combined liability limit for the semi-truck, then there are multiple injuries and deaths to divide those insurance proceeds.  In these situations, no one gets made whole because of the mere fact that the insurance proceeds have to be divided.  There may very well be disagreement as to what is fair under the circumstances as the survivors of the deceased claim that their damages are greater than those who have survived with injuries.  Those who have survived with injuries claim that they have ongoing damages that they have to live with for the rest of their lives.  This is why I would recommend that anyone involved in this accident hire legal counsel to help them negotiate for what is fair and just under the circumstances.  There may also be uninsured/underinsured motorists coverage (UM) available if someone purchased it.  UM is a very valuable coverage that everyone should purchase.  If you or a loved one has been injured in a car accident the Central Florida area, please contact a Central Florida personal injury lawyer for more information about representation by a lawyer.  Generally speaking, a Central Florida personal injury or wrongful death attorney works from a contingency fee which means no fees or costs unless there is a recovery.  A consultation with a Central Florida personal injury or wrongful death attorney is free.  Home and hospital visits are available upon request to a Central Florida personal injury or wrongful death attorney with Moody Law.

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