Moody Law

UCF Student Dies in Car Accident

Jun 7, 2013 @ 09:58 AM — by Moody Law | Personal Injury Attorneys
Tagged with: Central Florida Car Accident Attorney

This accident resulting in the death of UCF student, Kaliegh Nicole Ottis, is reported to have occurred when her friend swerved slightly to avoid another vehicle on the roadway.  The vehicle that Ottis was riding in as a passenger then rolled and stuck a tree.  This accident may very well be the result of comparative fault between Ottis' friend and the unknown "phantom" vehicle.  Under sch circumstances, it can be considered negligent for an unknown vehicle to swerve and cause an adverse reaction by another driver, particularly when the unknown vehicle entered the other driver's lane of travel.  This accident is still under investigation and that particular detail may never be known for sure but for the statement given by the friend who was driving.  On the same token, the friend who was driving will inevitably have some responsibility for this accident because there was no impact with her vehicle prior to her losing control.  Therefore, an insurance company defending a case like this will always have the argument that this accident could have and should have been avoided by reasonable and appropriate defensive actions at a minimum.  Basically, even if the unknown vehicle was wrong to enter her lane, then she still should have been able to avoid the accident if she were paying better attention to the roadway and reacted appropriately rather than inappropriately.  Of course, unless this unknown driver is ever identified, the only sources of insurance funds on this case will be the injured person's own no-fault coverage (there is a death benefit), any applicable bodily injury liability coverage (this may come from different sources), and any uninsured/underinsured motorist coverage that applies to the injured person (this may also come from different sources).  The sources of applicable insurance may not be obvious and many insurance companies will wait for an inquiry into coverage before they pay their limits rather than automatically offer them to the people who have suffered a loss.  If you or a loved one has suffered a loss as a result of a car accident in Central Florida, please contact a Central Florida car accident attorney for a free consultation.