blog home Motorcycle Accident Florida Motorcyclist Killed When Car Fails to Yield

Florida Motorcyclist Killed When Car Fails to Yield

By Orlando Personal Injury Attorney on February 2, 2018

A Florida motorcyclist was killed Friday morning when he crashed into a pick-up truck. According to the Florida Highway Patrol (FHP), the Lake County crash happened at 6:10 am at the intersection of Wolf Branch Road and Round Lake Road in Mount Dora.

The crash happened when a 25-year-old female from Sorrento, Florida pulled her 2012 Dodge pickup truck out from a stop sign and into the path of the oncoming motorcyclist. The front of the motorcycle struck the left side of the pickup, leaving the 34-year-old male motorcyclist dead at the scene. The driver of the pickup was transported to Florida Hospital Waterman, where she was treated for minor injuries.

The crash is still under investigation, and it is unknown whether or not alcohol played a role.

Based on the facts above, it seems that the driver of the truck is at fault. Her failure to yield to the oncoming motorcycle, this would be considered a negligent act. As this negligent act caused the accident and the subsequent death of the motorcyclist, the surviving family members of the motorcyclist can seek damages. To do this, they will have to file what is called a Florida Wrongful Death action.

Florida’s Wrongful Death statute ensures that surviving members are fully compensated for their loss. In the case at hand, if the surviving family members were dependent on the deceased for income and care, then the law allows them to seek compensation from the driver for their loss. Typically, this right is limited to a surviving spouse or children, although in some cases it can also apply to surviving parents and siblings. However, Florida law states that a wrongful death lawsuit must be filed within two years of the date of death (with very limited exceptions).

Because of this strict time limit, it is essential that you seek the advice of an experienced Florida wrongful death attorney, who can help you determine exactly when the statute of limitations will expire. To learn more, contact the Law Offices of James O. Cunningham, P.A. today and schedule your free initial consultation.

James O. Cunningham

Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.

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