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Two Men Die in SR 33 Accident

Chris Russo Jan 17, 2012

This accident occurred on January 11, 2012 in Polk City, Florida on SR 33.  John Kilpatrick, of Clermont, and Whitney Johnson, of Windermere, died as a result of the head-on collision.  Johnson, 31, was driving a 2006 Chevrolet Colorado and is reported to have crossed the center line into the lane of Kilpatrick, 55, who was driving a 2003 Chevrolet Silverado truck.  Three passengers were hospitalized as a result of the accident.  The accident occurred at approximately 6:35 p.m.

Assuming that the facts as reported are correct, this accident appears to be the result of negligence by Mr. Johnson.  Perhaps no one will ever know why Mr. Johnson crossed into Mr. Kilpatrick's lane, but there is a legal liability for doing so.  In Florida, everyone in Kilpatrick's vehicle has a right to sue Mr. Johnson's estate for the insurance proceeds.  Further, every passenger inside Johnson's truck has the same right.  At 31 years of age, Johnson may have lived with another family member who may have had an automobile policy.  As unfair as it may seem, if any such policy exists, then Johnson would be an insured under such policy  and those insurance limits should apply on top of any coverage that Johnson had directly.  Finally, Mr. Kilpatrick may have had UM coverage that would also apply to his estate and survivors as well as everyone in his vehicle.  If you or a loved one has suffered an injury as a result of a car accident, please contact a local personal injury or wrongful death attorney for a free consultation.

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