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Tampa Hit and Run Driver Arrested

Chris Russo May 17, 2011

This accident happened Monday night in Tampa, Florida when Penney Robinson, 42, was struck while crossing the road by Malcolm Filmore, 29.  The accident happened at approximately 8:00 p.m. near Florida and Floribraska Avenues in Tampa.  Robinson was hospitalized following the accident.  A witness who saw the crash called 911 and followed Filmore giving a description along the way.  Robinson has serious injuries.

While it is not known why Robinson was crossing the street, the driver of the car does not have a right to mow over a pedestrian even if the pedestrian is perhaps not where they are supposed to be.  Mr. Filmore cannot be said to be without fault because he was driving in a busy city where he should have been watching out for hazards and people along the way.  Further evidence of Mr. Filmore's guilty conscience and fault is that he took off following the accident.  Mr. Filmore has a duty to stop and render aid if possible after an accident involving an injury.  Failure to do so results in felony criminal charges and can be a basis of civil liability because the person's injuries were likely exacerbated by the delay in care from the failure to stop and render aid.  Despite life's problems, we are all under a duty to stop and aid our fellow man.  A jury is likely to find Mr. Filmore's conduct deplorable even if Robinson was jaywalking.  Whatever anyone might say about these accidents, it all comes down to the insurance money.  The insurance company is under an obligation to protect their insured, Mr. Filmore, from a judgment exceeding the policy limits if at all possible.  The insurance company should promptly offer policy limits to Robinson notwithstanding any comparative fault for jaywalking should such a situation exist.  Furthermore, failure to settle this claim for limits, whatever they are, would be the basis for someone to file a lawsuit against Mr. Filmore and seek a judgment in excess of policy limits.  Doing so would likely result in a bad faith claim by Mr. Filmore against his insurance company for failure to resolve the matter within limits had there been a clear opportunity to do so.  If you or a loved one have been injured in a car accident in the greater Central Florida area, including Lakeland, Winter Haven, Bartow, Haines City, Auburndale, Lake Wales, or Polk County, Florida, please contact a Lakeland personal injury or car accident lawyer for free information regarding how to make a claim.  The lawyers at Moody Law represent persons injured in accidents on a contingency fee basis where if there is no recovery then there are no attorney fees.

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