Moody Law

Lakeland Car Accident Kills Driver

Mar 2, 2011 @ 03:03 PM — by Moody Law | Personal Injury Attorneys
Tagged with: Wrong Way Car Accident

This accident involved a car and a van on U.S. 92 in Lakeland, Florida.  The van is alleged to have been travelling the wrong way on U.S. 92 which is a four-lane highway divided by a curbed median.  The car, a Nissan Altima, was struck head-on in the 1400 block of E. Memorial Blvd. (U.S. 92) at about 8:20 a.m.  The driver of the Altima was dead at the scene.  The name of the drivers have not been released.  The driver of the van was taken to Lakeland Regional Medical Center with life threatening injuries.  This accident is still under investigation.

This accident is a true tragedy because it was the innocent person who lost his life.  This kind of event seems to happen all too often where the person who does everything right is hurt more than the person who did everything wrong.  Based on the appearance and age of the vehicles, there may not be a lot of insurance coverage available to cover this accident.  The family of the Altima driver can expect to receive a $5,000 PIP/no-fault death benefit and to make a claim against the driver/owner of the van.  In order to bring a claim, the family of the Altima driver must have opened a probate and have a personal representative appointed.  As such, only the personal representative has the legal authority to accept a wrongful death settlement on behalf of the survivors.  This means that the survivors cannot individually negotiate their own settlements in the State of Florida.  Furthermore, the driver of the van likely only has $10,000 of PIP/no-fault coverage applicable to his injuries despite their life-threatening nature.  The cost of his hospitalization is very likely to be born by the public.  If you or a loved one has been involved in a car accident, please contact a personal injury attorney or wrongful death lawyer with Moody Law to discuss the particular facts and circumstances of your case.  Each case is different and needs the professional attention of a lawyer.